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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.
Jonathan Hardman is Senior Lecturer in Company and Commercial Law at the University of Edinburgh. 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.Alisdair D. J. MacPherson is Senior Lecturer in Commercial Law at the University of Aberdeen
ForewordLord Drummond Young Editors’ Preface and AcknowledgmentsJonathan Hardman & Alisdair D. J. MacPhersonPart I: The History of Floating Charges1. The ‘Pre-History’ of Floating Charges in Scots LawAlisdair D. J. MacPherson2. Borrowing on the Undertaking: Scottish Statutory CompaniesRoss G Anderson3. The Genesis of the Scottish Floating ChargeAlisdair D. J. MacPherson4. The Story of the Scots Law Floating Charge: 1961 to DateGeorge L. GrettonPart II: Theoretical, Comparative and Policy Perspectives5. Law and Economics of the Floating ChargeJonathan Hardman6. Floating Charges and Moral Hazard: Finding Fairness for Involuntary and Vulnerable StakeholdersJennifer L. L. Gant7. Hohfeld and the Scots Law Floating ChargeJonathan Hardman8. The Species and Structure(s) of the Floating Charge: The English Law Perspective on the Scottish Floating ChargeMagda RaczynskaPart III: Practice, Doctrine and the Future9. The Ranking of Floating ChargesJonathan Hardman and Alisdair D. J. MacPherson10. The Floating Charge and Insolvency LawDonna McKenzie Skene11. The Empirical Importance of the Floating Charge in ScotlandJonathan Hardman and Alisdair D. J. MacPherson12. Reform of the Scottish Floating ChargeAndrew J. M. StevenIndex
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.