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Spectrum and Beyond
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127 798 Ft (121 712 Ft + 5% VAT)
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127 798 Ft
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 August 2006
- ISBN 9780199299935
- Binding Hardback
- No. of pages332 pages
- Size 253x178x23 mm
- Weight 740 g
- Language English 0
Categories
Short description:
This timely new work is a collection of essays focusing on different aspects relating to the recent case of Spectrum Plus. The House of Lords decision in Spectrum has generated a lot of interest in the profession and has important commercial implications for the business community as well as altering the position on charges given over book debts. These amongst other issues are discussed by the various contributors.
MoreLong description:
This 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.
"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"
Table of Contents:
Foreword
Preface
Fictions and Floating Charges: Some Reflections on the House of Lords' Decision in Spectrum
The Case for the Abolition of the Floating Charge
Floating Charges: The Use and Abuse of Doctrinal Analysis
The Characterization of Fixed and Floating Charges
Spectrum: An End to the Conflict or the Signal for a New Campaign?
A Review of Brumark and Spectrum in an International Setting
Security After the Enterprise Act
The Debenture-Holder's Liability in Unjust Enrichment after Spectrum
Should We Redistribute in Insolvency?
The Role of Security over Future and Circulating Capital: Evidence from the British Economy circa 1850-1920
The Economics of English Insolvency: Some Recent Developments
The Law Commission's Proposals for the Reform of Corporate Security Interests
