Floating Charges in Scotland: New Perspectives and Current Issues

by Jonathan Hardman (Editor), Alisdair MacPherson (Editor)

Overview

The floating charge is vital to secured transactions in Scotland and plays a key role in access to finance and corporate insolvency. Bringing together leading commentators at the forefront of the topic, this book delivers wide-ranging coverage of the history, theory, practice and potential reform of the floating charge. They examine floating charges from diverse approaches including ‘black letter’, socio-legal, law and economics, and comparative perspectives.

Product Details

ISBN-13:	9781399530170
Publisher:	Edinburgh University Press
Publication date:	02/29/2024
Series:	Edinburgh Studies in Law
Pages:	536
Product dimensions:	6.14(w) x 9.21(h) x 0.00(d)

About the Author

solicitor in private practice and honorary lecturer at the University of Glasgow. Jonathan has published articles in the Juridical Review, Edinburgh Law Review and Journal of International Banking and Finance Law. He is author of 'A Practical Guide to Granting Corporate Security in Scotland' (W Green, 2018).

Dr Alisdair MacPherson is Senior Lecturer in Commercial Law at the University of Aberdeen. He is the author of The Floating Charge (2020) and editor of Avizandum Statutes on Scots Commercial and Consumer Law. His work has also been published in leading law journals.

Table of Contents

ForewordLord Drummond Young

Editors’ Preface and AcknowledgmentsJonathan Hardman & Alisdair D. J. MacPherson

Part I: The History of Floating Charges

1. The ‘Pre-History’ of Floating Charges in Scots LawAlisdair D. J. MacPherson

2. Borrowing on the Undertaking: Scottish Statutory CompaniesRoss G Anderson

3. The Genesis of the Scottish Floating ChargeAlisdair D. J. MacPherson

4. The Story of the Scots Law Floating Charge: 1961 to DateGeorge L. Gretton

Part II: Theoretical, Comparative and Policy Perspectives

5. Law and Economics of the Floating ChargeJonathan Hardman

6. Floating Charges and Moral Hazard: Finding Fairness for Involuntary and Vulnerable StakeholdersJennifer L. L. Gant

7. Hohfeld and the Scots Law Floating ChargeJonathan Hardman

8. The Species and Structure(s) of the Floating Charge: The English Law Perspective on the Scottish Floating ChargeMagda Raczynska

Part III: Practice, Doctrine and the Future

9. The Ranking of Floating ChargesJonathan Hardman and Alisdair D. J. MacPherson

10. The Floating Charge and Insolvency LawDonna McKenzie Skene

11. The Empirical Importance of the Floating Charge in ScotlandJonathan Hardman and Alisdair D. J. MacPherson

12. Reform of the Scottish Floating ChargeAndrew J. M. Steven

Index

Editorial Reviews

Floating Charges in Scotland is an excellent volume that will be an invaluable resource for anyone studying or researching this area of law. However, it is also a book that is essential reading for practitioners as, for the first time, it is possible to refer to one volume that discusses the complex legal issues that practitioners grapple with in relation floating charges. I would recommend this book to anyone who has an interest in the floating charge and all banking, commercial and insolvency practitioners in Scotland.

Edinburgh Law Review - Kirsty Maciver

The editors of this volume, who have already made significant contributions in this field have boldly stridden into it once more with their band of contributors, to pull us out of the morass of confusion. A great merit of the book is that different authors often approach the same or a related issue from a different perspective. Thus, reading the whole book is likely to be enriching for anyone with an interest in the area.

Juridical Review - Dr Craig Anderson