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Company Charges
Spectrum and Beyond
Joshua Getzler and Jennifer Payne
336 pages
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246x171mm
978-0-19-929993-5
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Hardback
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24 August 2006
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- Only work of its kind to concentrate on the Spectrum Plus case
- Timely publication of the topic addressed
- A very distinguished contributor team of academics and practitioners including many leading experts
- Full consideration of the legal implications of the case such as the divide between fixed and floating charges, and the effect more generally on insolvency and security law
- Coverage of the impact for the commercial world and especially for banks
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.Readership: Solicitors, barristers and academics advising on/working in corporate finance and insolvency. Will be of interest to in-house teams at banks and other lenders.
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Joshua Getzler, Fellow and Tutor, St Hugh's College, Oxford, and Jennifer Payne, Travers Smith Lecturer in Corporate Finance Law, University of Oxford, and Fellow of Merton College, Oxford Contributors:
John Armour, Cambridge University
Professor Michael Bridge, University College London
Professor Julian Franks, London Business School
Nicholas Frome, Clifford Chance
Dr Joshua Getzler, University of Oxford
Kate Gibbons, Clifford Chance
Professor Sir Roy Goode, University of Oxford
Louise Gullifer, University of Oxford
Look Chan Ho,
Freshfields Bruckhaus Derringer
The Rt Hon Lord Millett
Gabriel Moss QC, 3/4 South Square
Jennifer Payne, University of Oxford
Robert Stevens, University of Oxford
Dr Oren Sussman, Said Business School
Philip Wood, Allen & Overy LLP, University of Oxford, Cambridge University, London School of Economics
Professor Sarah Worthington, London School of Economics
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""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
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Lord 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 Interests
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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