The Law of Security and Title-Based Financing

Abstract

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. This third edition has been updated to cover the wealth of case law, including new cases on control of financial collateral, and relief against forfeiture under a financial collateral arrangement; on 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 crystallization. There have also been significant legislative changes, which are discussed in detail, most notably the 2013 amendments to Companies Act 2006 Part 25, and Cape Town Convention. The book covers traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables.