Chapter 25 Further Reading

Chapter 25 Further Reading

Security interests in property
  • Peter Ellinger , ‘Trust Receipt Financing ’ [2003] JIBLR 305.

Although sea waybills and other forms of document are increasingly being used, the
bill of lading retains a role in providing a convenient mechanism for secure lending in
international trade. This article describes and analyses the issues, particularly where
the debtor seeks to transfer title to goods pledged to a lender.

  • Joshua Getzler and Jennifer Payne (eds), Company Charges Spectrum and Beyond ( OUP 2006).
The chapters in this book all repay careful reading. On the need for reform in English security law, Roy Goode’s ‘The Case for Abolishing the Floating Charge’ and Michael Bridge’s ‘The Law Commission’s Proposals’ provide an accessible but authoritative summary of the issues. On the nature of the charge, Louise Gullifer and Jennifer Payne’s ‘The Characterisation of Fixed and Floating Charges’ covers a range of theories as to the nature of mortgages and charges, and examines why the differences matter, but also points to the distortions the division causes.
  • Louise Gullifer (ed), Goode on Problems of Credit and Security (4th edn, Sweet & Maxwell 2008).
Originally deriving from a series of lectures, this book covers the nature of security interests, attachment and perfection, and fixed and floating charges, exploring unresolved problems with insight and clarity.
  • Norman Palmer and Ewan McKendrick (eds), Interests in Goods (2nd edn, LLP 1998)

The chapters ‘Pledge’ by Norman Palmer and Alistair Hudson, ‘Equitable Liens—A
Search for a Unifying Principle’ by J Phillips, and ‘Solicitors’ Liens’ by Alistair Hudson are all worth reading (as indeed are all the chapters in this wonderful book). Possessory security has received relatively little attention compared with the wealth of literature on charges in particular, and these chapters explore a number of issues which have long deserved consideration.

  • Sarah Worthington , ‘ Equitable Liens in Commercial Transaction ’ (1994) 53 CLJ 263.

Equitable liens comprise a body of disparate security interests which have features
more characteristic of charges than liens. The writer provides a structure for these
interests, which enables a rational approach to be made to what might –become  a
‘growth area’ for the recognition of such liens in novel situations.

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