Proprietary Rights and Insolvency

Hardcover | July 16, 2016

byRichard Calnan

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This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from thearrangements between the parties. This is a subject of particular importance and difficulty in common law systems because of the changeable nature of equitable proprietary interests, and this book provides a clear and structured explanation of the current state of the law, with detailed reference to case law from England and Walesas well as Commonwealth jurisprudence, and suggests how it might be clarified and simplified by returning to first principles. The new edition considers a number of important developments which pertain to proprietary rights and insolvency. It evaluates the key decision of the Supreme Court in FHR European Ventures v Cedar Capital Partners. Although this has settled the question of whether constructive trusts extend tobribes, it has raised more general issues regarding the approach of the courts to the imposition of proprietary remedies, which the book explores. It also covers recent Privy Council and Court of Appeal decisions concerning constructive notice (Credit Agricole v Papadimitrou, Central Bank of Ecuadorv Conticorp, and SFO v Lexi), as well as interesting issues concerning the new status of intangibles (Armstrong v Winnington) and the status of the anti-deprivation rule (Belmont Park v BNY). Proprietary Rights and Insolvency is a lucid and practical reference source on insolvency and property law.

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From the Publisher

This book explains how a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor, and concentrates on the circumstances in which proprietary interests are created by operation of law or are implied from thearrangements between the parties. This is a subject ...

Richard Calnan is a Partner at Norton Rose Fulbright LLP, specialising in banking and security law and insolvency. His practice covers a broad range of work, from the financing of corporate transactions, such as acquisitions and buyouts, through restructuring and rescues to administrations, receiverships and liquidations. He is also a ...

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Format:HardcoverDimensions:496 pages, 9.69 × 6.73 × 1.22 inPublished:July 16, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019875938X

ISBN - 13:9780198759386

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Table of Contents

Part I: Introduction1. Pari PassuSharing2. The Nature of Proprietary InterestsPart II: Retaining or Recovering a Proprietary Interest by Agreement3. Retaining a Proprietary Interest by Agreement4. Retaining or Recovering a Proprietary Interest by Operation of LawPart III: Obtaining a Proprietary Interest by Agreement5. Obtaining a Proprietary Interest by Express Agreement6. Obtaining a Proprietary Interest by Implied or Presumed AgreementPart IV: Obtaining a Proprietary Interest in a Substitute Asset by Operation of Law7. Tracing at Law8. Tracing in EquityPart V: Obtaining a Proprietary Interest in an Unconnected Asset by Operation of Law9. Obtaining a Proprietary Interest in an Unconnected Asset by Operation of Law

Editorial Reviews

"This is a major work of scholarship and it makes a singularly important contribution to our understanding of the interface between property and insolvency law. The book will be indispensable reading for anyone interested in the law of restitution, property law, the principles of equity,remedies or the law of bankruptcy and insolvency." --Anthony Duggan, Review Essays and Book Reviews