Company Charges: Spectrum and Beyond

Hardcover | August 15, 2006

EditorJoshua Getzler, Jennifer Payne

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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 thefixed/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 lawand 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 Payneand Louise Gullifer, Philip Wood, Joshua Getzler, Look Chan Ho, and Nicholas Frome and Kate Gibbons.

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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 co...

Joshua 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.

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Format:HardcoverDimensions:336 pages, 9.69 × 6.73 × 0.91 inPublished:August 15, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199299935

ISBN - 13:9780199299935

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Table of Contents

Lord Millett: ForewordThe Editors: Preface1. Gabriel Moss: Fictions and Floating Charges: Some Reflections on the House of Lords' Decision in Spectrum2. Sir Roy Goode: The Case for the Abolition of the Floating Charge3. Sarah Worthington: Floating Charges: The Use and Abuse of Doctrinal Analysis4. Louise Gullifer and Jennifer Payne: The Characterization of Fixed and Floating Charges5. 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 Setting7. Robert Stevens: Security After the Enterprise Act8. Look Chan Ho: The Debenture-Holder's Liability in Unjust Enrichment after Spectrum9. 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 1850-192011. Julian Franks and Oren Sussman: The Economics of English Insolvency: Some Recent Developments12. Michael Bridge: The Law Commission's Proposals for the Reform of Corporate Security Interests

Editorial Reviews

`"...[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 theproposition 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