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Taking Security: Third Edition, by Richard Calnan
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In the UK, the factor which distinguishes secured transactions from other types of transaction is that security generally needs to be registered. In April 2013, the rules concerning the registration of charges created by companies and LLPs were changed, and this has necessitated the substantial re-writing of the chapter on registration. The changes have also affected the UK's law concerning the priority of security. This book 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 book is mainly concerned with property and insolvency law, two areas where security is tested and enforced. Authoritative in approach, it provides guidance on both the legal principles and practical issues involved in taking and challenging security. It will be an essential reference for litigation lawyers when disputes arise, as well as for insolvency lawyers and accountants.
- Sales Rank: #7102066 in Books
- Published on: 2013-10-30
- Original language: English
- Number of items: 1
- Dimensions: 9.76" h x 1.38" w x 6.57" l, .0 pounds
- Binding: Hardcover
- 638 pages
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For practitioners....
By Phillip Taylor MBE
FOR PRACTITIONERS: AN ESSENTIAL AND PRACTICAL GUIDE TO SECURING PAYMENT ON A SUM OF MONEY
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Does someone owe you money? Don’t worry. Or rather, don’t worry unduly. This book in its new third edition from Jordan publishing will show you -- and your clients if you’re a practitioner -- how security is taken – and enforced -- under English law.
Security is defined as ‘the creation and enforcement of proprietary rights to secure the payment of a monetary liability’ – somewhat in the nature of a secured loan, in other words. The book is therefore primarily concerned with property and insolvency law.
Note, as author Richard Calnan explains, that the new edition of this highly regarded title, ‘has, been prompted by the recent changes to the system for the registration of charges created by companies and LLPs.’
‘The new law,’ he adds ‘is more logical and simpler than the old law.’ As a result, the practice of the registering charges has changed, which is why Chapter 6, which deals with all aspects of the registration process, has been substantially re-written. Further changes have been covered in other chapters, including Chapter 7 which focuses on priorities.
For busy practitioners, the book is impressively easy to use. It is divided over fourteen chapters into seven sections from A to G, which together, cover every conceivable aspect of ‘taking security.’
Part A for example, enumerates and explains the various types of security (for those who may be wondering). And international lawyers, particularly in today’s global economy, will be especially interested in Part G which covers both cross-border security and cross-border insolvency matters.
Whatever issue you wish to look up within this volume of over 600 pages, the minutely detailed table of contents and numbered paragraphs will certainly help with navigation, as will the extensive index. The expected research resources include tables of cases, statutes and statutory instruments -- and there’s a wealth of additional references in the meticulous footnoting throughout.
As has been said of the previous edition, this reliable and detailed text is a real time saver and an excellent guide to a complex area of law. If you are advising clients involved in any way with secured transactions, you need this book as an essential reference.
The publication date is cited as at December 2013.
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