Chapter 23 Further Reading

Chapter 23 Further Reading

Legal aspects of money and payment
  • Michael Brindle and Raymond Cox (eds), Law of Bank Payments (4th edn, Sweet & Maxwell 2010).
Although a practitioner’s text covering the whole range of payment mechanisms, Chapter 3, dealing with funds transfers, is particularly relevant for our purposes, with good explanations of settlement and of bi-lateral and multi-lateral netting.
  • Peter Ellinger , Eva Lomnicka , and Christopher Hare , Ellinger’s Modern Banking Law (5th edn, OUP 2010).
Originally a student text on banking law, it has become an invaluable tool to practitioners. It covers banking law comprehensively, but Chapter 13 is particularly relevant since it deals with funds transfers.
  • Benjamin Geva , ‘ Payment into a Bank Account ’ (1990) 3 JIBL 108.

In addition to containing a useful analysis on the timing when payment is actually made and discussion of the value date in banking, this article suggests that as a rule of thumb a payment is made into a bank account at the earliest moment the account holder would be told that the funds had been credited.

  • Charles Proctor (ed), Goode on Payment Obligations in Commercial and Financial Transactions (2nd edn, Sweet & Maxwell 2009).
The most comprehensive monograph on the legal nature of the payment obligation. It covers the mode, place, and timing of payment and defences claim for payment. The coverage of funds transfers is up to date and foreign payments are also dealt with.
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