The Law of Security and Title-Based Financing, 3rd Edition

Personal property security is an important subject in commercial practice as it is the key to much of the law of banking and sale. This book examines traditional methods of securing debts (such as mortgages, charges and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise ‘perfected’) if they are to be valid, the rights and duties of the parties and how the security is enforced if the debt is not paid.

The third edition has been updated to cover a wealth of cases which have been decided since the last edition. These include new cases on: control of financial collateral, and relief against forfeiture under a financial collateral arrangement; retention of title (including the effect of “extended” clauses); estoppel and the HPI register; availability of set-off against assignee; a number of cases on enforcement of security; equitable liens; solicitor’s liens and databases; on priority or purchase money security interests; and the Irish Supreme Court decision on floating charge and crystallisation.

The effect of key legislative changes have also been analysed and these include the 2013 amendments to the Companies Act 2006 Part 25, and issues post-ratification relating to the Cape Town Convention.

The only full-length treatment covering both traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables, The Law of Security and Title-Based Financing is a frequently-cited and indispensable reference work both for practitioners and academics.

Table of Contents

Chapter 1 Introduction
Chapter 2 Use Of Security And Quasi-Security Interests In Debt Financing
Chapter 3 Financial Collateral
Chapter 4 Types Of Interest
Chapter 5 Possessory Security
Chapter 6 Non-Possessory Security
Chapter 7 Financing Devices Involving The Transfer Or Retention Of Title
Chapter 8 Rights Not Including The Transfer Or Retention Of Title
Chapter 9 Registration And Other Perfection Requirements
Chapter 10 Interests Created By Companies
Chapter 11 Interests Created By Debtors Who Are Not Companies
Chapter 12 Introduction To Priorities
Chapter 13 General Priority Rule – Nemo Dat (First In Time To Be Created Wins)
Chapter 14 Exceptions To The Nemo Dat Rule
Chapter 15 Authorized Dispositions
Chapter 16 Priority Between Consensual And Non-Consensual Security Interests
Chapter 17 Other Priority Issues
Chapter 18 Enforcement Of True Security Interests
Chapter 19 Enforcement Of Financial Devices Involving The Transfer Or Retention Of Title
Chapter 20 Enforcement Of Security In Insolvency
Chapter 21 Enforcement Of Rights Not Including The Transfer Of Title
Chapter 22 Conflict Of Laws
Chapter 23 Criticism And Reform Proposals