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English
Oxford University Press
16 June 2016
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 the arrangements 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 Wales as 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 to bribes, 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 Ecuador v 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.
By:  
Imprint:   Oxford University Press
Country of Publication:   United Kingdom
Edition:   2nd Revised edition
Dimensions:   Height: 254mm,  Width: 178mm,  Spine: 31mm
Weight:   998g
ISBN:   9780198759386
ISBN 10:   019875938X
Pages:   484
Publication Date:  
Audience:   College/higher education ,  Professional and scholarly ,  Primary ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active

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 Visiting Professor at University College London.

Reviews for Proprietary Rights and Insolvency

`Definitely this is an authoritative, accessible and up-to-date work of reference which should find its way into the possession of all serious commercial lawyers.' Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers `Most stimulating for all who have grown up with English property law...the ideal companion through the maze of the English case law.' Stefan Enchelmaier, Legal Studies `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


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