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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Taking Security: Law and Practice 3rd ed isbn 9781846617386

Taking Security: Law and Practice 2nd ed

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ISBN13: 9781846612626
New Edition ISBN: 9781846617386
Previous Edition ISBN: 9780853089957
Published: December 2011
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: Out of print

Taking Security: Law and Practice explains how security - the creation and enforcement of proprietary rights to secure the payment of a monetary liability - is taken under English law. It offers a detailed explanation of types of security, creation, priority and enforcement. The work is mainly concerned with property and insolvency law, two areas where security is tested and enforced. Authoritative in approach this highly respected book provides guidance on both the legal principles and practical issues involved in taking and challenging security.

This second edition takes account of a number of changes to the law over the last five years. Slavenburg registrations were abolished in October 2009 and, since the beginning of October 2011, all traces of the requirement to register charges created by overseas companies have gone. The new edition also includes changes introduced under the Companies Act 2006, the changes to the Financial Collateral Directive and the replacement of the Rome Convention by the Rome I Regulation. A number of important cases are discussed, including Gray v G-T-P on the meaning of financial collateral, IFC v DSNL on equitable liens, Meritz Fire and Marine v Jan de Nul on demand guarantees, Geldof v Simon Carves on equitable set-off, and Re Eurofood and Re HIH on cross-border insolvency.

This book is an essential reference for litigation lawyers when disputes arise, insolvency lawyers and accountants.

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Insolvency Law, Property Law, Commercial Law, Banking and Finance
Types of security
Mortgages and charges
Floating charges
Creating security
Priority of security
Enforcing security
The effect of insolvency
Security arising by operation of law
Alternatives to security
Guarantees and indemnities
International security
Cross-border security
Cross-border insolvency.