Chapter 26 Further Reading

Chapter 26 Further Reading

Forms of title-based financing
  • Hugh Beale , Louise Gullifer , and Eva Lomnicka , The Law of Personal Property Security (OUP 2007).

A comprehensive and scholarly work, which covers the range of security issues, but
Chapter 5 contains much useful material on receivables financing and finance leases.

  • Brian Coote , ‘ The Performance Interest, Panatown, and the Problem of Loss ’ (2001) 117 LQR 81.

Although in the form of a long casenote, this article provides a clear exposition of the
issues which McAlpine v Panatown raises in relation to the protection of the ‘performance interest’ by damages in contract. It does not address how the principles might be adapted, if at all, in the context of the finance lease, but provides material for thought.

  • Roy Goode , ‘ Inalienable Rights ’ (1979) 42 MLR 553.

Where a debt contains a non-assignability clause, the effect of that clause is of vital
importance to a financier contemplating purchasing or taking a charge over it. The
ways in which such a clause might affect the rights of a transferee are explored in this
casenote on Helstan Securities Ltd v Hertfordshire County Council .

  • Roy Goode , ‘ Charge Backs and Legal Fictions ’ (1998) 114 LQR 178.

This casenote provides a critique of the decision in Re BCCI (No 8) concerning the
conceptual possibility of charge backs. It is a succinct exposition of the issue and
careful reading facilitates an understanding of the nature of a charge—a key issue when considering receivables financing.

  • DW McLauchlan , ‘ Priorities—Equitable Tracing Rights and Assignments of Book Debts’ (1980) 96 LQR 90.
Although somewhat overtaken by events, this is an article which investigates the application of the Rule in Dearle v Hall in relation not only to tracing rights but title retention and provides insights into how the rule actually works, with trenchant criticism of its use in the world of receivables financing.
  • Simon Mills (ed), Goode on Proprietary Rights and Insolvency in Sales Transactions (3rd edn Sweet & Maxwell 2009).
The effectiveness of receivables financing and finance leases is tested in the context of the insolvency of the business seeking financial accommodation. Many of the difficult issues raised in this chapter receive analysis in this expanded version of Professor Goode’s original work, looking at the ways in which a proprietary claim can insulate the financier for claims of creditors in such an insolvency.
  • Fidelis Oditah , Legal aspects of Receivables Financing (Sweet & Maxwell 1990).

Although now a little old, the book is not out of date and is a constant companion for
practitioners in the field.

  • Andrew Tettenborn , ‘ Assignees Equities and Cross Claims: Principles and Confusion ’ [2002] LMCLQ 485.
Discusses the effect of the range of cross claims which might be made by a debtor as against the assignee of the debt.
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