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OverviewThis exciting volume draws together the views of some of the most eminent figures in corporate law and finance regarding the law on fixed and floating charges. The focus for the book is the litigation in the case of Spectrum Plus, which culminated in a House of Lords judgment in June 2005 ([2005] UKHL 41). This decision has important commercial implications, not only for the parties in the case but also for the business community at large, including banks and other lenders, and practitioners in corporate finance and insolvency. The litigation also raises important juristic questions regarding the fixed/floating charge divide such as the theoretical basis for that divide, how the divide is determined, why it exists at all and whether it ought to be maintained as a coherent doctrine and a beneficial policy. The decision also has important ramifications in both security law and insolvency law and it provides a challenge to some of our most basic conceptions of freedom of contract and the assignability of rights and assets in law and equity. These issues, amongst others, are explored by the contributors to this book. The contributors include Gabriel Moss, who was one of the QCs involved in the Spectrum litigation, Sir Roy Goode, Michael Bridge, John Armour, Robert Stevens, Sarah Worthington, Julian Franks and Oren Sussman, Jenny Payne and Louise Gullifer, Philip Wood, Joshua Getzler, Look Chan Ho, and Nicholas Frome and Kate Gibbons. Full Product DetailsAuthor: Joshua Getzler (, Fellow and Tutor, St Hugh's College, Oxford) , Jennifer Payne (, Travers Smith Lecturer in Corporate Finance Law, University of Oxford, and Fellow of Merton College, Oxford)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 17.80cm , Height: 2.30cm , Length: 25.30cm Weight: 0.740kg ISBN: 9780199299935ISBN 10: 0199299935 Pages: 332 Publication Date: 24 August 2006 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsLord Millett: Foreword The Editors: Preface 1: Gabriel Moss: Fictions and Floating Charges: Some Reflections on the House of Lords' Decision in Spectrum 2: Sir Roy Goode: The Case for the Abolition of the Floating Charge 3: Sarah Worthington: Floating Charges: The Use and Abuse of Doctrinal Analysis 4: Louise Gullifer and Jennifer Payne: The Characterization of Fixed and Floating Charges 5: Nicholas Frome and Kate Gibbons: Spectrum: An End to the Conflict or the Signal for a New Campaign? 6: Philip R Wood: A Review of Brumark and Spectrum in an International Setting 7: Robert Stevens: Security After the Enterprise Act 8: Look Chan Ho: The Debenture-Holder's Liability in Unjust Enrichment after Spectrum 9: John Armour: Should We Redistribute in Insolvency? 10: Joshua Getzler: The Role of Security over Future and Circulating Capital: Evidence from the British Economy circa 1850-1920 11: Julian Franks and Oren Sussman: The Economics of English Insolvency: Some Recent Developments 12: Michael Bridge: The Law Commission's Proposals for the Reform of Corporate Security InterestsReviewsan extremely useful collection of essays ... The papers vary between quite detailed discussions to more broad brush approaches which provide the reader with choice to gain an overview on some issues or to drill down further if desired. Not only does Company Charges deal in detail with issues which are of concern to practitioners, its scope is broad enough to pursue some theoretical and historical issues raised by the regulation of insolvency and secured lending. It is to be recommended to practitioners and academics alike. Journal of International Banking Law and Regulation "`""this work will find its audience in reformers of laws on corporate insolvency, security and personal property, and with others not engaged in law reform, but who are interested in it - be they in England, Australia or elsewhere"" ' Sydney Law Review `""...[A] collection of essays by a distinguished group of academics and practitioners with great experience in this area....This is an important book. It explores the main issues concerning fixed and floating charges with which we are currently faced. It provides overwhelming support for the proposition that the artificial, uncertain and expensive distinction drawn by insolvency law between fixed and floating charges needs to be abolished."" ' Richard Calnan, Law Quarterly Review" Author InformationJoshua Getzler is a fellow and tutor at St Hugh's College, Oxford and a CUF University Lecturer in the Faculty of Law, University of Oxford. Jennifer Payne is the Travers Smith University Lecturer in Corporate Finance at Oxford University, and a fellow and tutor of Merton College. Tab Content 6Author Website:Countries AvailableAll regions |
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