‘The exercise of control is often key in distinguishing a fixed from floating charge.’ In light of this statement, critically assess the judiciary’s approach to charges over book debts.

‘The exercise of control is often key in distinguishing a fixed from floating charge.’ In light of this statement, critically assess the judiciary’s approach to charges over book debts.

Order Description

Books
• L. Gullifer, Goode on Legal Problems of Credit and Security, (5th ed., Sweet and Maxwell, 2009)
• A. Hudson, Hudson The Law of Finance, (2nd ed., Sweet and Maxwell, 2013)
• E.P. Ellinger, Ellinger’s Modern Law of Banking, (5th ed., OUP, 2010)

Articles
• R.J. Mokal, ‘The Floating Charge-An Elegy’
• S. Atherton and R.J. Mokal, ‘Charges over Chattels’

Case Law
• Re Spectrum Plus Ltd [2005] UKHL 41- (Look on Westlaw)
• Re New Bullas Trading Ltd [1994] 1 BCLC 485– (Look on Westlaw)
• Seibe Gorman and Co Ltd v Barclay Bank Ltd (1979) 2 Lloyd’s Rep. 142– (Look on Lexis)
• Re Brightlife Ltd [1987] Ch 200 – (Look on Westlaw)
the footnotes style indicating the exact page of the book or article.
The more footnotes you put, the best.
required is the OSCOLA system, if you are familiarised with it.

necessary to judiciary approach is referred to those 4 cases (see above).

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