The law of assignment 3rd edition marcus smith - The ebook in PDF format is ready for immediate acce by Education Libraries

Instant digital products (PDF, ePub, MOBI) ready for you

Download now and discover formats that fit your needs...

The Law of International Watercourses 3rd Edition Stephen C. Mccaffrey

https://ebookmass.com/product/the-law-of-internationalwatercourses-3rd-edition-stephen-c-mccaffrey/

ebookmass.com

The Evolution of EU Law 3rd Edition Paul Craig

https://ebookmass.com/product/the-evolution-of-eu-law-3rd-editionpaul-craig/

ebookmass.com

Rights, Wrongs, and Injustices: The Structure of Remedial Law Stephen A. Smith

https://ebookmass.com/product/rights-wrongs-and-injustices-thestructure-of-remedial-law-stephen-a-smith/

ebookmass.com

Road to the Wizard: A Topsy-Turvy Tale of Oz Meg Cannistra

https://ebookmass.com/product/road-to-the-wizard-a-topsy-turvy-taleof-oz-meg-cannistra/

ebookmass.com

Asian Atmospheric Pollution: Sources, Characteristics and Impacts Ramesh P. Singh

https://ebookmass.com/product/asian-atmospheric-pollution-sourcescharacteristics-and-impacts-ramesh-p-singh/ ebookmass.com

Dragon Eyre Ashfall: An Epic Fantasy Adventure (The Magelands Eternal Siege Book 11) Christopher Mitchell

https://ebookmass.com/product/dragon-eyre-ashfall-an-epic-fantasyadventure-the-magelands-eternal-siege-book-11-christopher-mitchell/ ebookmass.com

Law, Courts, and Justice in America

https://ebookmass.com/product/law-courts-and-justice-in-america/ ebookmass.com

1, 2 Peter and Jude Through the Centuries (Wiley Blackwell Bible Commentaries) 1st Edition Rebecca Skaggs

https://ebookmass.com/product/1-2-peter-and-jude-through-thecenturies-wiley-blackwell-bible-commentaries-1st-edition-rebeccaskaggs/ ebookmass.com

The Avalon Trials Devon Thiele

https://ebookmass.com/product/the-avalon-trials-devon-thiele/ ebookmass.com

Principles and Practice of Structural Equation Modeling, Fourth Edition (Methodology in the Social Sciences) 4th Edition, (Ebook PDF)

https://ebookmass.com/product/principles-and-practice-of-structuralequation-modeling-fourth-edition-methodology-in-the-socialsciences-4th-edition-ebook-pdf/ ebookmass.com

Foreword to The Third Edition

Lord Lloyd-Jones

From: The Law of Assignment(3rd Edition)

Marcus Smith, Nico Leslie

Content type:Book content

Published in print:08 March 2018

Product:International Commercial Law [ICML]

ISBN:9780198748434

The law relating to the creation, transfer and enforcementof rights in intangible personal property is of immense commercial significance Questions concerning property rights such as contractual rights, debts, intellectual property or shares arise often in litigation or arbitration, butare even more frequently encountered when lawyers advise on transactions or when they draftcommercial documents where the law of assignmentprovides the foundation for commercial activity Itis, therefore, surprising thatfor so long the law of assignmenthas been something of a poor relation so far as legal textbooks are concerned Treatmentof this importantsubjecthas often been incidental or limited to specific rights. This has since changed thanks to this comprehensive work by Marcus Smith and Nico Leslie, now in its third edition, devoted to providing a detailed examination of all aspects of the law of assignment Its breadth of vision and its insights make ita particularly valuable work.

The subjectis not, however, merely of currentpractical importance Involving as itdoes the interplay of principles of common law, equity and statute law, itis also a particularly fruitful area for academic study. The presentvolume, while intensely practical, also addresses the conceptual basis of the law In particular, the authors setthe law of equitable assignmentin the contextof its historical developmentand join the recentacademic debate on this subject.

The hallmark of this work is its clarity of exposition The reader is guided through a schematic statementof the law which benefits greatly froman overview atthe startof each Partand Chapter Issues which are often of considerable legal complexity and difficulty are then explained and the description of the law developed in a mostlucid way The occasional recapitulation of first principles is also highly beneficial.

As in previous editions, this new edition includes a chapter devoted to the rules of private international law governing assignments, concentrating on questions of special interestin this field These include a discussion of the controversies surrounding choice of law governing assignments under the Rome I Regulation The prospective uncertainties attending this area of the law in view of the forthcoming withdrawal of the United Kingdomfromthe European Union are likely to have been something of a headache for the authors as they prepared this edition for the press In the event, this edition provides an accountof the law as itcurrently stands A treatmentof any new law governing jurisdiction and choice of law within Europe in its application to assignments of choses in action will have to awaitthe fourth edition of this work

Since the publication of the second edition of this work, Marcus Smith has been appointed to the High CourtBench and has himself been assigned to the Chancery Division and the Business and Property Courts. Itis very pleasing to know that, despite his new responsibilities, he has been able to devote his leisure time to the production of this new edition in collaboration with Nico Leslie This clearly has been a huge undertaking. They are both to be congratulated on their achievementand on the breadth and depth of their command of this complex butfascinating area of our law

LORD LLOYD-JONES(p vi)

Foreword to the Second Edition

Lord Mance

From: The Law of Assignment(3rd Edition)

Marcus Smith, Nico Leslie

Content type:Book content

Published in print:08 March 2018

Product:International Commercial Law [ICML]

ISBN:9780198748434

Assignments occur in a wide variety of contexts. Many are of everyday commercial importance, others more exotic Butthe subjectis marked by ancientterminology (“choses” or “things” in action) and by distanthistory (the common law’s reluctance to treatcontractual relations as other than personal and the perceived risks arising fromthe buying and selling of causes of action). The interventions of equity and of various statutory provisions leave a patchwork picture, the implications of which are notalways easy to comprehend or apply.

The topic also raises questions which are inherently difficult Even more so, one may add, when associated with issues of private international law in 2008 the Council of Ministers had to defer determination of which law or laws should govern “the effectiveness of an assignmentor subrogation of a claimagainstthird parties and the priority of the assigned or subrogated claim over a rightof another person” when agreeing Rome I Regulation 593/2008: see article 27(2); no via media could be found to reconcile the competing arguments of block discounters in favour of the law governing the assignmentand others favouring the law governing the claimassigned

The firstedition of the presentwork was by Marcus Smith QC alone. Its success in providing a wideranging review of the subjectmade itof value to the practitioner and academic alike The second edition, in which Marcus Smith is joined by Nico Leslie, takes an even broader view of the field. It incorporates various new sections, including a substantial one covering the following and tracing of assets in circumstances where an owner is deprived of his property Butthroughoutitmaintains the same high standard of clarity and analysis, starting as before with a useful overview of its now expanded contents and clarification of the terminology “choses in action”, property rights and intangible property, etc. The authors’ jurisprudential interests manifestthemselves in passages discussing the various interests involved in assignmentin Hohfeldian terms Comparative European law appropriately informs their analysis of the circumstances in which transfer of property occurs so as to preclude the following or tracing of assets.

The new edition is notonly comprehensive, butclear, informative, well-referenced, scholarly, and appropriately critical. Itis also a good read, both for detailed study and for reference. Itis a pleasure to commend the jointauthors on producing so admirable a sequel to an already excellent firstedition

Lord Mance(p. viii)

Foreword to the First Edition

Andrew Smith

From: The Law of Assignment(3rd Edition)

Marcus Smith, Nico Leslie

Content type:Book content

Published in print:08 March 2018

Product:International Commercial Law [ICML]

ISBN:9780198748434

The law of assignmentis seldomvisited by academics. Nor has itever been friendly territory for practising lawyers, notbecause itis partof the hinterland where we are seldomtaken, butbecause itis one of those dangerous streets where all too often we are surprised to find ourselves This book is designed to help us atleastorientate ourselves in the confusion, and, with luck, to find the rightpath

‘Assignment’ is notan easy area of the law, and itis notone thatis easy to categorize Itbridges property and personal obligations Itstill bears the scars of the skirmishing between equity and the series of excuses thatthe common law hitupon to resistchange The invaluable contributions of law merchantare still observable and on occasion still need to be harmonized or modernized. The intervention of statute has broughtits own problems The line between substantive law and procedural rules can easily be lost. Added to all that, there are the inevitable difficulties thatarise because the law of assignmentcovers a multiplicity of differenttypes of obligation Itis not surprising thatattimes itseems to defy attempts to discern a consistentand logical structure

As new international influences and new forms of commerce and financial dealings require the law to be flexible enough to recognize and accommodate new forms of business obligations, the rules of English law abouttransferring rights and obligations cannotbe rigid or static. Established doctrines abouttransferring ‘burdens’ even the language seems oddly stale will require fresh examination Butsound legal progress requires a proper understanding of developments to date and a firmgrasp of the governing principles. This textbook is timely in providing the wellresearched and disciplined analysis thatis needed While the Judicature Actfreed the common law fromsome of the chains in which ithad tangled itself, the bestpartof a century and a half is long enough for a new body of judicial pronouncements to gather The author treats themwith a proper respect, thatis to say a sceptical and critical respect He avoids being sidetracked by that excessive regard for aberrantdecisions thatcan so easily distortor disguise legal principles, not by the easy device of ignoring them, butby engaging with themand putting themin their place We should always be wary when lawyers adoptlegal expressions thatdo notconvey the usual meaning of the term Often the layman’s bewildermentis matched by the lawyer’s fudge ‘Assignment’ is justsuch a word The achievementof the book is to provide a methodical structure to a somewhatformless body of learning and precedent. Italso finds the rightbalance between the theoretical and the practical The author’s academic background provides the breadth of knowledge thatenables himto draw together principles fromdifferentlegal areas. As a practising

lawyer he knows how to make his learning accessible to others Marcus Smith has produced a book which does notanswer all the questions, butitdoes setthe rightquestions, and does so with order and clarity. All lawyers know thatfinding (p. x) the questions is atleastas difficultas finding the answers This is a textbook which will be welcomed by all lawyers who have to apply the law, and will, I hope, assistits methodical advancement

Andrew Smith

Royal Courts of Justice

February 2007

21 March 2018

Oxford University Press - Master Gratis Access; date:

Preface to The Third Edition

From: The Law of Assignment(3rd Edition)

Marcus Smith, Nico Leslie

Content type:Book content Published in print:08 March 2018

Product:International Commercial Law [ICML]

ISBN:9780198748434

The third edition of The Law of Assignment has been a work of consolidation, rather than innovation The second edition soughtto build on the success of the first, by expanding the work in a number of places and covering new areas such as tracing and the vindication of an owner’s rights. This third edition contains no such expansion, butendeavours to reflectthe developments in the law since the second edition was published in 2013 In doing so, we have expanded and rationalised a number of chapters, notably those on security and the conflictof laws. We have also soughtto engage with the recentacademic debate concerning the conceptual basis of equitable assignments These debates draw on the historical developmentof assignment, butcontinue to be relevanttoday.

As ever, we are very grateful to a number of others for their thoughts and encouragement, and in particular Dr. Louise Merrett, Dr. Simon Pulleyn, Sir Andrew Smith, Associate Professor Chee Ho Tham, and Daniel Carrall-Green Further, our special thanks also go to HarrietFitzsimons for her considerable efforts in reviewing the proofs; we could nothave completed this edition withouther Naturally, we are responsible for all errors and omissions thatremain.

We are very grateful to Lord Lloyd Jones for finding the time to write the foreword to this edition; and we remain grateful to Lord Mance and Sir Andrew Smith for permitting the reproduction of their forewords in this edition.

All books of this scale involve considerable incursion into family time, and we thank Laura (Nico’s wife) and Louise, Amelia and Arthur (Marcus’ wife and children) for their forbearance and tolerance. Itis to themthatthis edition is dedicated.

We have endeavoured to state the law as at1 December 2017

12 December 2017(p. xii)

Preface to the First Edition

From: The Law of Assignment(3rd Edition)

Marcus Smith, Nico Leslie

Content type:Book content Published in print:08 March 2018

Product:International Commercial Law [ICML]

ISBN:9780198748434

The law of assignmenthas fascinated me ever since I encountered, and pondered over, the decisions of the Courtof Appeal and House of Lords in Pan Ocean Shipping Co Ltd v Creditcorp Ltd, a case thatcontinues to perplex Itwas then thatI came to appreciate the absence of a detailed and systematic textanalysing choses in action, and their transfer.

This book is an attemptto fill thatgap I had intended, in this preface, to say thatthis was the first major attemptto grapple with assignmentsince Marshall’s monograph, The Assignment of Choses in Action, was published in 1950. Butbooks on assignmentseemto be rather like buses: none for more than fifty years, and then two come along atonce for 2006 saw the publication of Tolhurst’s The Assignment of Contractual Rights. Fortunately for me, this book and Tolhurst’s have different agendas As he states in his preface, Tolhurst’s book is very much a thesis-based work, confined to one class of chose in action, contractual rights. My approach has been altogether more broadly based, and I have attempted to deal with all choses, including contractual rights, froma practitioner’s perspective

Thatsaid, although I have written this book froma practitioner’s pointof view, the historical developmentof the law of assignmenthas created a number of analytical problems thatnotonly regularly occupy practitioners, butare also of interestto students of the law of assignmentand to those who find fascination in the (regrettably, still difficult) relationship between law and equity. The factthatthe common law was largely disinclined to recognize assignments led to the dominance of equity and, thereafter, statute law. As a result, the law of assignmentis one area of English law where the interplay between differentclasses of rightremains a frustratingly real and important one, the theoretical and practical implications of which are considered in Chapter 6.

In writing this book, I have incurred many debts and have many people to thank. Mr Justice Andrew Smith read each chapter in advanced draft, and provided me with many penetrating and helpful insights. I amalso very grateful to Andrew for having found the time to write the Foreword. On specific areas of assignment, I have a trinity of Trinity fellows to thank: Professor Kevin Gray, who read and commented on the sections on leases of land; Louise Merrett, whose astute comments on Chapter 22 (the conflictof laws) were extremely helpful; and Jo Miles, who provided a swift response to my cry for help when I ventured (very briefly) into divorce and separation The intellectual property sections were kindly read by Melonie Atraghji and Matthew Harris. Together, they saved me froma number of errors I have also discussed assignmentquestions generally with a number of people, whose insights have proved valuable: in particular Simon Pulleyn, Stephen Moriarty QC, and Richard Handyside I amgrateful to my editors atOUP, Rachel Mullaly, Faye

Judges, and Darcy Ahl, for their assistance in bringing the book to publication The final textowes much to the careful reading of Catherine Minahan, Sushma Ananda, and Hanne Smith, who identified and corrected many stylistic errors, infelicities, and inconsistencies, and checked the references Needless to say, all remaining errors and omissions are my own (p xiv) Finally, thanks are due to Fountain Court’s ever-efficientlibrarian, Christine Child, who unfailingly tracked down the more obscure references thatlitter the text. She saved me enormous amounts of time

Although I hope thatI have paid due regard to Commonwealth authority and academic writing, I am very conscious of only having touched upon aspects of comparative law; I have no doubtthat there is much to learn fromEuropean and American law That, I hope, will change in future editions I have endeavoured to state the law as at12 December 2006, although I have been able to incorporate a number of later developments The book is dedicated to my family

MAS Temple

12 December 2006

Summary Contents

From: The Law of Assignment(3rd Edition) Marcus Smith, Nico Leslie

Content type:Book content Published in print:08 March 2018

Product:International Commercial Law [ICML]

ISBN:9780198748434

Table of Cases xliii

Table of Legislation lxxiii

Listof References lxxxvii

Listof Authority Abbreviations cxi

1 Introduction 1

PartI The Nature of Intangible Property Overview of PartI

2. Nature and Characteristics of Intangibles 13

3 Rights or Causes of Action 55

4 Debts 65

5 Rights Under a Contract74

6. Equity and DebtSecurities 108

7. Intellectual Property 156

8 Leases 184

9 Documentary Intangibles and Negotiable Instruments 196

PartII The Transfer of Intangible Property Overview of PartII

10. Transfer of Choses in Action: Historical Overview 213

11 Conceptual Underpinnings 223

12 Negotiation and the Transfer of Money 290

13. Equitable Assignmentof Choses in Action 301

14. Transfer of Choses in Action on Trust332

15 Promises to Assign or Create a Trust346

16 Assignments Under Section 136 of the Law of Property Act1925373

PartIII Transfers in Particular Contexts Overview of PartIII

17. Transfer of Insurance Contracts 397

18 Transfer of Leases 433

19 The Transfer of Equity and DebtSecurities 450

20 Transfer of Intellectual Property 494 (p xvi)

PartIV Intangible Property Thatis Incapable Of Transfer Overview of PartIV

21 Assignmentof Burdens 521

22 Intangibles NotTransferable by Reason of Public Policy 540

23 The Assignmentof Bare Rights to Litigate: Champerty and Maintenance 544

24. Personal Obligations 569

25. Prohibitions on Assignment574

PartV The Effects of Assignment, The Persistence of Property Rights, and The Vindication of An Owner’s Rights Overview of PartV

26. Consequences and Effects of an Assignment597

27 Priorities and the Loss of Title 634

28 Extinction of Intangible Property 671

29. Vindication of an Owner’s Rights 725

PartVI Special Regimes for Transfer Overview of PartVI

30 Insolvency and Assignment781

31 Involuntary Transfers 800

PartVII Security

32. Security over Intangibles 809

PartVIII Conflictof Laws

33 Assignmentand the Conflictof Laws 835 Index 879

List of References

From: The Law of Assignment (3rd Edition)

Marcus Smith, Nico Leslie

Content type:Book content

Published in print:08 March 2018

Ali 2002

Allcock 1983

Allison 1996

Ames 1913

Andrews 2001

Armour & Payne 2009

Arnould 2013

Austen-Peters 2000

Austin 1974

Product:International Commercial Law [ICML]

ISBN:9780198748434

Ali, P. The Law of Secured Finance: An International Survey of Security Interests over Personal Property. Oxford University Press, 1st edn (2002)

Allcock, B. Restrictions on the Assignment of Contractual Rights. [1983] CLJ 328

Allison, JWF. A Continental Distinction in the Common Law. Clarendon Press, 1st edn (1996)

25.01, 25.02, 25.07, 25.15, 25.21, 25.22, 25.23

Ames, JB. Lectures on Legal History and Miscellaneous Legal Essays. Harvard University Press (1913) 10.06, 10.13

Andrews, N. Strangers to Justice No Longer: The Reversal of the Privity Rule under the Contracts (Rights of Third Parties) Act 1999 [2001] CLJ 353

Armour, J and Payne, J (ed). Rationality in Company Law: Essays in Honour of DD Prentice. Hart Publishing, 1st edn (2009)

Gilman, J, Merkin, R, Templeman, MJ, Blanchard, C, Cooke, J and Hopkins, P. Arnould’s Law of Marine Insurance and Average. Stevens & Sons/Sweet & Maxwell, 18th edn (2013); as subsequently updated by the supplement of 2016

6.39, 32.48

17.13, 17.17, 17.26, 17.83, 17.86, 17.87, 17.89

Austen-Peters, AO. Custody of Investments: Law and Practice. Oxford University Press, 1st edn (2000) 6.167

Austin, RP. Equitable Choses in Action. (1974) 7 Syd L Rev 394 16.12

Bailey 1931

Bailey 1932

Bailey 1932a

Baker 1958

Baker 2002

Barton 1975

Beale, Bridge, Gullifer & Lomnicka 2012

Bell 1989

Bailey, SJ. Assignment of Debts in England from the Twelfth to the Twentieth Century (1931) 47 LQR 516

Bailey, SJ. Assignment of Debts in England from the Twelfth to the Twentieth Century (1932) 48 LQR 248

Bailey, SJ. Assignment of Debts in England from the Twelfth to the Twentieth Century (1932) 48 LQR 547

Baker, PV. Note. (1958) 74 LQR 180

11.106, 11.109, 11.110

Baker, JH. An Introduction to English Legal History. Butterworths, 4th edn (2002) 10.19, 10.20

Barton, JL. Trusts and Covenants. (1975) 91 LQR 236 15.76, 15.82

Beale, H, Bridge, M, Gullifer, L and Lomnicka, E. The Law of Security and Title-Based Financing. Oxford University Press, 2nd edn (2012)

Bell, AP. Modern Law of Personal Property in England and Ireland. Butterworths, 1st edn (1989)

Benjamin 2000 Benjamin, J. Interests in Securities. Oxford University Press, 1st edn (2000)

Benjamin 2017 Bridge, M (ed). Benjamin’s Sale of Goods. Sweet & Maxwell/Thomson Reuters, 10th edn (2017)

Bewes 1923

Birks & McLeod 1987

Blackstone (Vol II) 1766

Blackstone (Vol IV) 1769

Blair, Walker & Willey 2007

Blair, Walker & Willey 2012

Bewes, WA. The Romance of the Law Merchant. Sweet & Maxwell, 1st edn (1923)

32.05, 32.06, 32.09, 32.12, 32.14, 32.18, 32.22, 32.36, 32.37, 32.58, 32.59, 32.69, 32.70

2.13, 2.44, 2.49, 2.50, 2.51, 2.79, 2.82, 28.04, 28.08, 28.38, 28.40, 28.41, 28.100, 28.107, 28.140

2.82, 6.04, 6.07, 9.36, 9.34

2.68, 9.06, 29.34

9.13

Birks, PBH and McLeod, G. Justinian’s Institutes: Translated with an Introduction by Peter Birks and Grant McLeod. Duckworth, 1st edn (1987) 2.49

Blackstone, W. Commentaries on the Laws of England, Volume II: Of the Rights of Things Clarendon Press, 1st edn (1766)

Blackstone, W. Commentaries on the Laws of England, Volume IV: Of Public Wrongs. Clarendon Press, 1st edn (1769)

Blair, M, Walker, G and Willey, S. Financial Markets and Exchanges Law. Oxford University Press, 1st edn (2007).

Blair, M, Walker, G and Willey, S. Financial Markets and Exchanges Law. Oxford University Press, 1st edn (2012)

2.52, 10.11, 10.14, 28.57, 28.87, 28.109, 28.134, 28.136

23.03, 23.04

19.16

6.128, 6.150 19.13, 19.14, 19.16, 19.18, 19.24, 19.29, 19.30, 19.37, 19.38, 19.40, 19.50, 19.54, 19.55, 19.56, 19.57, 19.64, 19.68, 19.70, 19.147

BLG 1993

Bosanquet 1899

Bowstead & Reynolds 2014

Brearley & Bloch 2009

Bridge 2009

Bridge, Gullifer, McMeel, & Worthington 2013

Briggs 2003

Briggs 2014

Briggs 2015

Brindle & Cox 2010

Brodhurst 1895

Burrows 1996

Burrows 2002

Byles 2013

Calnan 2013

Calnan 2016

Cane 1996

The Reinsurance and International Risk Team of Barlow Lyde and Gilbert. Reinsurance Practice and the Law. Lloyd’s of London Press, 1st edn (1993) (with looseleaf updates)

Bosanquet, FA. The Law Merchant and Transferable Debentures. (1899) 15 LQR 130

Watts, PG (ed). Bowstead & Reynolds On Agency. Sweet & Maxwell, 20th edn (2014); as subsequently updated by the supplement of 2016

Brearley, K and Bloch, S. Employment Covenants and Confidential Information: Practice and Technique. Bloomsbury, 3rd edn (2009)

Bridge, M. The Proprietary Aspects of Assignment and Choice of Law. (2009) LQR 671

Bridge, M, Gullifer, L, McMeel, G and Worthington, S. The Law of Personal Property. Sweet & Maxwell/Thompson Reuters, 1st edn (2013)

6.61, 6.62, 9.13, 9.15

7.113, 7.114

2.92, 6.04, 6.33, 6.167, 15.44, 19.01, 19.87, 19.88, 19.90, 19.91, 19.115, 19.148, 19.149, 19.151, 19.173, 19.174, 25.01

Briggs, A. The Real Scope of European Rules for Choice of Law. (2003) 119 LQR 352 33.72

Briggs, A. Private International Law in English Courts. Oxford University Press, 1st edn (2014)

Briggs, A. Civil Jurisdiction and Judgment. Informa Law from Routledge, 6th edn (2015)

Brindle, M and Cox, R (eds). Law of Bank Payments. Sweet & Maxwell, 4th edn (2010)

Brodhurst, S. Is Copyright a Chose in Action? (1895) 11 LQR 64

Burrows, A. Reforming Privity of Contract: Law Commission Report No 242. [1996] LMCLQ 467

Burrows, A. We do this at Common Law but that in Equity. (2002) 22 OJLS 1

Elliott, N, Odgers, J and Phillips, JM. Byles on Bills of Exchange and Cheques. Sweet & Maxwell, 29th edn (2013)

Calnan, R. Taking Security: Law and Practice Jordans Publishing, 3rd edn (2013)

Calnan, R. Proprietary Rights and Insolvency Oxford University Press. 2nd edn (2016)

33.01, 33.06

33.06, 33.08, 33.11, 33.21, 33.22

2.82, 4.19, 12.06, 12.20, 12.29, 13.32, 29.139

2.82, 9.06, 9.40, 12.06, 12.20

28.165, 28.174, 29.72, 29.96

29.50, 29.123

Cane, P. Tort Law and Economic Interests Clarendon Press Oxford. 2nd edn (1996). 29.19

Carruthers 2005

Carter 1901

Cartwright 2017

Carver 2017

Castagnino 2009

Chalmers & Guest 2016

Chambers 1997

Cheshire, North & Fawcett 2017

Chitty 1999

Chitty 2004

Chitty 2015

Carruthers, JM. The Transfers of Property in the Conflict of Laws. Oxford University Press, 1st edn (2005)

Carter, AT. Early History of the Law Merchant in England. (1901) 17 LQR 232

Cartwright, J. Misrepresentation, Mistake and Non-Disclosure. Sweet & Maxwell/Thomson Reuters. 4th edn (2017)

Treitel, G and Reynolds, FMB. Carver on Bills of Lading. Sweet & Maxwell, 4th edn (2017)

Castagnino, J-P. Derivatives: The Key Principles. Oxford University Press, 3rd edn (2009)

Guest, AG. Chalmers and Guest on Bills of Exchange, Cheques and Promissory Notes. Sweet & Maxwell, 18th edn (2016)

Chambers, R. Resulting Trusts. Clarendon Press, 1st edn (1997)

Fawcett, JJ and Torremans, P. Cheshire, North & Fawcett: Private International Law. Oxford University Press, 15th edn (2017)

Beale, HG (ed). Chitty on Contracts. Sweet & Maxwell, 28th edn (1999)

33.01, 33.41, 33.50

9.41, 12.34

19.17, 32.54

9.44, 9.45

29.84

33.87, 33.88, 33.97, 33.115, 33.116, 33.118

23.03, 23.04

Beale, HG and others (eds). Chitty on Contracts. Sweet & Maxwell, 29th edn (2004) 4.14

Beale, HG and others (eds). Chitty on Contracts. Sweet & Maxwell, 32nd edn (2015); as subsequently updated by the supplements of 2016 and 2017

Clarke 1990 Clarke, L (ed). Confidentiality and the Law. Lloyd’s of London Press, 1st edn (1990)

Clarke 2009

Clerk & Lindsell 2014

Coke 1809

Clarke, MA. The Law of Insurance Contracts Informa, 6th edn (2000)

Dugdale, AM, Jones, MA and Simpson M (eds). Clerk & Lindsell on Torts. Sweet & Maxwell/Thompson Reuters, 21st edn (2014); as subsequently updated by the supplement of 2016

Coke, E. The Fourth Part of the Institutes of the Laws of England concerning the Jurisdiction of Courts. Clarke and Sons, 17th edn (1809)

3.16, 4.03, 4.10, 4.14, 4.15, 5.13, 5.14, 5.23, 5.38, 5.84, 5.105, 5.112, 12.20, 12.37, 13.28, 15.06, 15.11, 15.12, 15.15, 15.31, 17.33, 17.48, 17.49, 17.50, 17.66, 17.67, 21.28, 23.03, 23.04, 23.06, 24.09, 25.14, 26.100, 27.50, 28.13, 28.15, 28.18, 28.19, 28.33, 28.34, 28.36, 28.37, 28.42, 30.28, 30.36, 32.30, 33.41, 33.74

7.109, 7.110

17.26, 17.28, 17.42, 17.68

3.16, 5.83, 7.15, 7.30, 7.33, 7.34, 7.80, 23.57, 29.21, 29.25, 29.26, 29.27, 29.28, 29.29, 29.30, 29.38, 29.39, 29.42, 29.43

2.71

Colinvaux & Merkin 2017

Merkin, R. Colinvaux & Merkin on Insurance Contract Law. Sweet & Maxwell Subscriptions (looseleaf), (2017)

17.43

Commission of European Contract Law (Part III) 2003

Company Law Reform 2005

Company Law Review 2000

Commission of European Contract Law (eds Lando, O, Clive E, Prüm A and Zimmermann, R). Principles of European Contract Law: Part III. Kluwer Law International, 1st edn (2003)

Department of Trade and Industry. Company Law Reform. Cm 6456 (March 2005)

The Company Law Review Steering Group. Company Law Reform: Developing the Framework. March 2000

Comyn 1792 Comyn’s Digest, 3rd edn (1792)

Conaglen 2011

Cook 1915

Cook 1916

Cook on Costs 2013

Cook on Costs 2017

Copinger & Skone James 2016

Corbin 1930

Cornish & Llewelyn 2013

Cox, Merrett & Smith 2006

CREST Guidance Note 2006

CREST White Book 2002

Conaglen, M. Difficulties with Tracing Backwards. (2011) 127 LQR 432

Cook, WW. The Alienability of Choses in Action. (1915–16) Harv L Rev 816

Cook, WW. The Alienability of Choses in Action: A Reply to Professor Williston. (1916–17) 30 Harv L Rev 449

Cook, MJ. Cook on Costs 2013. LexisNexis/Butterworths, 1st edn (2013)

Middleton, S and Rowley, J. Cook on Costs 2017. LexisNexis/Butterworths, 1st edn (2017)

Caddick, N, Davies G and Harbottle, G (eds). Copinger & Skone James on Copyright. Sweet & Maxwell, 17th edn (2016)

Corbin, AL.

Contracts for the Benefit of Third Persons. (1930) 46 LQR 12

Aplin, T, Cornish, W and Llewelyn, D. Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights. Sweet & Maxwell, 8th edn (2013)

Cox, R, Merrett, LA and Smith, MA. Private International Law in Reinsurance and Insurance. Informa, 1st edn (2006)

CrestCo Ltd. Equitable Mortgages over CREST Securities. Issued by CrestCo Ltd on 12 October 2006

CrestCo Ltd. CREST: The Domestic Legal Framework. Issued by CrestCo Ltd in March 2002

Cretney 1992 Cretney, S. Comment on Crago v Julian [1992] Fam Law 294

Cretney, Masson & Bailey-Harris 2008

Cretney, SM, Masson JM and Bailey-Harris, R. Principles of Family Law. Sweet & Maxwell, 8th edn (2008)

7.24, 7.25, 7.29, 7.31, 7.33, 7.34, 7.38, 7.39, 7.40, 7.43, 20.33, 20.36, 20.37, 20.38, 20.39, 20.40, 20.42, 20.44, 20.45, 20.46, 20.48, 20.49, 20.54, 20.55, 20.56

5.08, 15.51

7.12, 7.24, 7.97, 7.99, 7.100, 7.108 , 7.110, 7.112, 20.34

33.30, 33.55, 33.127

19.169

6.75, 6.76, 6.84, 19.150

18.09

22.08

Crossley Vaines 1967

De Lacy 1999

De Soto 2001

Degeling, Edelman and Goudkamp 2016

Derham 2010

Dicey, Morris & Collins 2012

Crossley Vaines, J. Personal Property Butterworths, 4th edn (1967)

De Lacy, J. The Priority Rule of Dearle v Hall Restated. [1999] Conv 311

De Soto, H. The Mystery of Capital. Black Swan, 1st edn (2001)

Degeling, S, Edelman, J and Goudkamp. J. Contract in Commercial Law. Thompson Reuters, 1st edn (2016)

Derham, R. The Law of Set-off. Oxford University Press, 4th edn (2010)

Collins, L and others (eds). Dicey Morris & Collins: The Conflict of Laws. Sweet & Maxwell, 15th edn (2012); as subsequently updated by the supplements of 2014, 2015, 2016 and 2017

2.122, 2.123, 7.12, 7.29, 28.87

Dickinson & Lein 2015

Dictionary of Etymology

Dixon 2016

Edelman 2005

Edelman & Elliott 2015

Elliott 1960

Elphinstone 1893

Emery 1982

English Private Law 2013

Enright 2007

Dickinson, A and Lein, E. The Brussels I Regulation Recast. Oxford University Press, 1st edn (2015)

Online Etymology Dictionary. Douglas Harper (2017) https://www.etymonline.com/word/assign

Dixon, M. Modern Land Law. Routledge, 10th edn (2016)

11.10, 11.11, 11.12, 11.13, 11.15, 11.16, 11.17, 11.68

26.55, 26.56, 26.61, 26.62, 26.63, 26.64, 26.66, 26.68, 26.79, 26.80, 26.81, 26.82, 26.93, 30.66, 30.67, 30.68

33.01, 33.03, 33.06, 33.26, 33.29, 33.35, 33.38, 33.41, 33.44, 33.50, 33.51, 33.54, 33.58, 33.59, 33.61, 33.63, 33.66, 33.67, 33.74, 33.87, 33.88, 33.89, 33.90, 33.92, 33.95, 33.96, 33.98, 33.107, 33.113, 33.115, 33.125, 33.127

33.01, 33.06, 33.08, 33.21

8.33, 18.18, 18.35, 18.39

Edelman, C, Burns, A, Craig, D and Nawbatt, A. The Law of Reinsurance. Oxford University Press, 1st edn (2005) 17.87

Edelman, J and Elliott, S. Two Conceptions of Equitable Assignment. (2015) 131 LQR 228

Elliott, DW. The Power of Trustees to Enforce Covenants in Favour of Volunteers. (1960) 76 LQR 100

Elphinstone, HW. What is a Chose in Action? (1893) 9 LQR 311

Emery, CT. The Most Hallowed Principle— Certainty of Beneficiaries of Trusts and Powers of Appointment. (1982) 98 LQR 551

Burrows, A (ed). English Private Law. Oxford University Press, 3rd edn (2013)

Enright, WIB. Professional Indemnity Insurance Law. Sweet & Maxwell, 2nd edn (2007)

10.14, 11.10, 11.11, 11.12, 11.13, 11.16, 11.51, 11.60, 1164, 11.66, 11.67, 11.68, 11.71, 11.72, 11.73, 11.74, 11.77, 11.129, 33.54

15.63, 15.76, 15.82

2.62, 2.76

14.22

2.51, 2.52, 2.85, 2.115, 5.12, 7.05, 7.06, 7.23, 7.90, 7.112, 28.08, 29.04, 29.05, 31.20

17.08, 17.09, 17.12, 17.19, 17.35

EU Legal Certainty Group 2006

Fawcett & Torremans 2011

Ferran 2014

Fentiman 2015

Financial Markets Law Committee 2004

Financial Conduct Authority Handbook

Finn 1987

Fletcher 2017

Flessner & Verhagen 2006

Fogel et al 1997

EU Legal Certainty Group. Advice Regarding EU Clearing and Settlement. (11 August 2006)

Fawcett, JJ and Torremans, P. Intellectual Property and Private International Law. Oxford University Press, 2nd edn (2011)

Ferran, E. Principles of Corporate Finance Law. Oxford University Press, 2nd edn (2014)

Fentiman, R. International Commerical Litigation. Oxford University Press, 2nd edn (2015)

Financial Markets Law Committee. Issue 3 –Property Interests in Investment Securities. (July 2004)

Financial Conduct Authority. Client Assets Sourcebook (CASS). (May 2015)

Finn, PD. Equity and Commercial Relationships. Law Book Company Ltd, 1st edn (1987)

Fletcher, IF. The Law of Insolvency. Sweet & Maxwell, 5th edn (2017)

Flessner, A and Verhagen, H. Assignment in European Private International Law: Claims as Property and the European Commission’s “Rome I Proposal”. Sellier/European Law Publishers, 1st edn (2006)

Fogel, S, Riley A, Rogers P, Slessenger E and Dale, G. Privity of Contract: A Practitioner’s Guide. Titmuss Sainer Dechert/College of Law, 2nd edn (1997)

7.110, 7.111

17.117, 30.01, 30.15, 30.20, 30.23, 30.24, 30.28, 30.36, 30.57, 30.63

33.01

18.32, 18.35, 18.37

Fordham 2012

Foskett 2015

Fox 1996

Fox 2008

Fry 1921

Fuller 2012

Fordham, M. Judicial Review Handbook. Hart Publishing, 6th edn (2012)

Foskett, D. Foskett on Compromise. Sweet & Maxwell, 8th edn (2015)

Fox, D. Bona Fide Purchase and the Currency of Money. [1996] CLJ 547.

Fox, D. Property Rights in Money. Oxford University Press. 1st edn (2008)

Fry, E (6th edn Northcote, GR). A Treatise on the Specific Performance of Contracts Stevens, 6th edn (1921)

Fuller, G. The Law and Practice of International Capital Markets. LexisNexis, 3rd edn (2012)

3.11

2.116, 3.26

12.40, 12.41, 12.42, 12.45, 29.65, 29.66, 29.67, 29.68, 29.69, 29.70, 29.71, 29.76, 29.80, 29.84, 29.139

15.10, 15.17

6.04, 6.07, 6.14, 6.16, 6.17, 6.20, 6.33, 6.39, 6.40, 6.58, 6.65, 6.64, 6.112, 9.36, 9.37, 9.38, 19.98, 19.99, 32.49, 33.44, 33.110

Fysh 2010

G30 1989

Gardner 1987

Garton 2003

Gee 2016

Getzler 2003

Getzler & Payne 2006

Giovannini Group 2001

Giovannini Group 2003

GiulianoLagarde Report 1980

Gleeson 1997

Goddard 1988

Goff & Jones 2016

Goode 1976

Goode 1979

Goode 1983

Goode 1987

Cook, T, Fysh, M, Roughton, A and Johnson, P. The Modern Law of Patents. LexisNexis, 2nd edn (2010)

Group of Thirty. Clearance and Settlement Systems in the World’s Securities Markets Group of Thirty, 1st edn (1989)

Gardner, S. Equity, Estate Contracts and the Judicature Acts: Walsh v Lonsdale Revisited (1987) 7 OJLS 60

Garton, J. The Role of the Trust Mechanism in the Rule in Re Rose. (2003) 67 Conv 364

Gee, S. Commercial Injunctions. Sweet & Maxwell/Thomson Reuters. 6th edn (2016)

Getzler, J (ed). Rationalizing Property, Equity and Trusts: Essays in Honour of Edward Burn. Butterworths, 1st edn (2003)

Getzler, J and Payne, J (eds), Company Charges: Spectrum and Beyond. Oxford University Press, 1st edn (2006)

The Giovannini Group. Cross-Border Clearing and Settlement Arrangements in the European Union. (November 2001)

The Giovannini Group. Second Report on EU Clearing and Settlement Arrangements. (April 2003)

Giuliano, M and Lagarde P. Report on the Convention on the Law Applicable to Contractual Obligations. [1980] OJ C 282/1

Gleeson, S. Personal Property Law. Sweet & Maxwell, 1st edn (1997)

33.32, 33.36, 33.44, 33.50, 33.54, 33.124

Goddard, D. Equity, Volunteers and Ducks. (1988) 52 Conv 19 15.76

Mitchell, C, Mitchell, P and Watterson, S (eds). Goff & Jones: The Law of Unjust Enrichment. Sweet & Maxwell, 9th edn (2016)

4.03, 23.62, 28.25, 28.28, 28.29, 28.158, 29.19, 29.57, 29.84, 29.85, 29.124, 31.04, 31.08, 31.09, 31.10, 31.18

Goode, RM. The Right to Trace and its Impact in Commercial Transactions—II. (1976) 92 LQR 528 27.95

Goode, RM. Inalienable Rights? (1979) 42 LQR 553 25.01, 25.02, 25.03, 25.05, 25.11, 25.14, 25.15, 25.22

Goode, RM. Payment Obligations in Commercial and Financial Transactions Sweet & Maxwell, 1st edn (1983) 4.14

Goode, RM. Ownership and Obligation in Commercial Transactions. (1987) 103 LQR 438

Goode 2003

Goode, RM. Are Intangible Assets Fungible? [2003] LMCLQ 379–88

Goode 2016 McKendrick, E. Goode on Commercial Law LexisNexis/Butterworths, 5th edn (2016)

Goode 2017

Goode, Kanda and Kreuzer 2005

Gorham & Singh 2009

Gower & Davies 2003

Gower & Davies 2016

Gullifer, L. Goode and Gullifer on Legal Problems of Credit and Security. Sweet & Maxwell/Thomson Reuters, 6th edn (2017)

Goode, RM, Kanda, J and Kreuzer, K. Hague Securities Convention: Explanatory Report. Martinus Nijhoff Publishers, 1st edn (2005)

Gorham, M and Singh, N. Electronic Exchanges: The Global Transformation from Pits to Bits. Elsevier, 1st edn (2009)

Davies, PL. Principles of Modern Company Law. Sweet & Maxwell/Thompson Reuters, 7th edn (2003)

Davies, PL and Worthington, S. Principles of Modern Company Law. Sweet & Maxwell/Thompson Reuters, 10th edn (2016)

2.134, 4.29, 6.04, 13.53, 26.19

2.08, 2.11, 2.78, 2.79, 2.81, 2.82, 2.134, 4.29, 9.03, 9.40, 12.01, 25.01, 33.71

2.134, 6.117, 6.172, 13.53, 15.41, 15.44, 15.46, 25.01, 25.11, 25.14, 25.22, 32.03, 32.19, 32.20, 32.21, 32.30, 32.43, 32.57, 32.59, 32.80

33.116

6.39, 19.18, 32.48

6.23

6.09, 6.13, 6.14, 6.22, 6.23, 6.24, 6.25, 6.27, 6.28, 6.29, 6.30, 6.33, 6.51, 6.52, 6.57, 6.60, 6.61, 6.185, 6.186, 6.187, 19.03, 19.89, 19.91, 19.118, 19.120, 19.151

Gravells 1994 Gravells, NP. Enforcement of Positive Covenants Affecting Freehold Land. [1994] 110 LQR 346 21.08

Gray 1991 Gray, K. Property in Thin Air. [1991] CLJ 252

Gray & Gray 2011

Green 1984

Green & Randal 2009

Guest 1961

Guest 2015

Gray, K and Gray, SF. Elements of Land Law Oxford University Press, 5th (paperback) edn (2011)

2.08, 2.10, 2.44

2.08, 2.12, 2.86, 2.130, 2.131, 8.04, 8.06, 8.07, 8.08, 8.11, 8.21, 8.27, 8.36, 8.50, 13.57, 13.58, 15.01, 15.05, 15.06, 18.05, 18.09, 18.17, 18.18, 18.30, 18.34, 18.57, 21.07, 21.09, 21.10, 26.47, 27.119, 27.120, 28.12

Green, B. Grey, Oughtred and Vandervell—A Contextual Reappraisal. (1984) 47 MLR 385 13.68

Green, S and Randall, J. The Tort of Conversion. Hart Publishing. 1st edn (2009)

Guest, AG. Oxford Essays in Jurisprudence Oxford University Press, 1st edn (1961)

Guest, A. Guest on the Law of Assignment. Sweet & Maxwell, 2 edn (2015)

Gullifer & Payne 2015

29.44, 29.45

2.39, 2.40, 2.42

15.25, 15.30, 15.37, 15.41, 15.44, 15.46, 16.16, 16.48, 23.20, 23.37, 23.64, 33.41, 33.48, 33.49, 33.51, 33.57, 33.60, 33.61, 33.67, 33.91, 33.107

Gullifer, L and Payne, J. Corporate Finance Law: Principles and Policy. Hart Publishing, 2nd edn (paperback) (2015) 19.149, 19.174 nd

Gurry 2012

Häcker 2013

Halsbury (Vol 80) 2013

Halsbury (Vol 13) 2017

Hanbury & Martin 2015

Hannigan 2015

Hardy Ivamy 1993

Hardy Ivamy 1993a

Harpum & Bignell 2004

Harris 1971

Harris 1995

Harris 2002

Hartley 2011

Aplin, T, Bently, L, Johnson, P and Malynicz, S (eds). Breach of Confidence. Oxford University Press, 2nd edn (2012)

Häcker, B. Consequences of Impaired Consent Transfers. Hart Publishing. 1st edn (2013)

Halsbury’s Laws of England. Butterworths/LexisNexis, 5 edn. Volume 80 (2013)

Halsbury’s Laws of England. Butterworths/ LexisNexis, 5th edn. Volume 13 (2017)

Glister, J and Lee, J. Hanbury and Martin: Modern Equity. Sweet & Maxwell, 20th edn (2015)

Hannigan, B. Company Law. Oxford University Press, 4th edn (2015)

Hardy Ivamy, ER. General Principles of Insurance Law. Butterworths, 6th edn (1993) 17.32, 17.68

Hardy Ivamy, ER. Chalmers’ Marine Insurance Act 1906. Butterworths, 10th edn (1993)

Harpum, C and Bignell J. Registered Land: Law and Practice under the Land Registration Act 2002. Jordans, 1st edn (2004)

Harris, JW. Trust, Power and Duty. (1971) 87 LQR 31

Harris, JW. Private and Non-private property: what is the difference? [1995] LQR 42

Harris, JW. Property and Justice. Oxford University Press, 1st edn (2002)

Hayton 1994

Hayton 1994a

Hedley 2001

Heydon, Leeming & Turner 2014

8.21, 8.30, 8.41, 8.43, 18.14, 18.56, 18.57, 18.62, 18.64, 18.65, 21.07, 21.10, 26.46, 26.47

Hartley, TC. Choice of Law Regarding the Voluntary Assignment of Contractual Obligations Under the Rome I Regulation. (2011) 60 CLQ 29 33.01, 33.57

Hayton, D. Uncertainty of Subject-Matter of Trusts. (1994) 110 LQR 335

Hayton D. Ascertainability in Transfer and Tracing of Title. [1994] LMCLQ 449

Hedley, W and Hedley, R. Bills of Exchange and Bankers’ Documentary Credits. LLP, 4th edn (2001) 12.06, 12.20, 12.29, 12.38

Heydon, J, Leeming, M and Turner, P. Meagher, Gummow & Lehane’s Equity: Doctrines & Remedies. LexisNexis, 5th edn (2014)

11.40, 13.73, 13.86, 15.09, 15.22, 15.76, 15.84

Hohfeld 1964

Holdsworth (Vol 3) 1935

Holdsworth (Vol 7) 1925

Hollond 1943

Hopper & TrevertonJones 2017

Horn 2002

Hornby 1962

Houseman 2016

Huang 2010

Hudson 1984

Hudson 2008

Hudson 2013

International Encyclopedia Vol VII Ch 13

Jack Report 1989

Jaconelli 1998

Jones & Goodhart 1996

Hohfeld, WN (ed Cook, WW). Fundamental Conceptions as Applied in Judicial Reasoning Yale University Press, 3rd edn (1964)

2.15, 2.16, 2.17, 2.19, 2.20, 2.21, 2.22, 2.24, 2.25, 2.27, 2.29, 2.30, 2.32, 2.34, 2.35, 2.36, 2.37

Holdsworth, WS. A History of English Law. Methuen & Co, 4th edn (1935) 18.48

Holdsworth, WS. A History of English Law Methuen & Co, 1st edn (1925)

Hollond, HA. Further Thoughts on Equitable Assignments of Legal Choses in Action (1943) 59 LQR 129

Hopper, A and Treverton-Jones G. The Solicitors Handbook 2012. The Law Society (2017)

Horn, N (ed). Legal Issues in Electronic Banking. Kluwer Law International, 1st edn (2002)

Hornby, JA. Covenants in Favour of Volunteers. (1962) 78 LQR 228

John, N, Murphy, S and Surridge, R (eds). Houseman’s Law of Life Assurance Bloomsbury Professional, 15th edn (2016)

Huang, J. The Law and Regulation of Central Counterparties. Hart Publishing, 1st edn (2010)

Hudson, A. Is Divesting Abandonment Possible at Common Law? (1984) 100 LQR 110

Hudson, A. Securities Law. Sweet & Maxwell/Thompson Reuters, 1st edn (2008)

Hudson, A. The Law of Finance. Sweet & Maxwell/Thompson Reuters, 2nd edn (2013)

Kötz, H. International Encyclopedia of Comparative Law: Contracts in General (Rights of Third Parties; Third Party Beneficiaries; and Assignment. JCB Mohr and Martinus Nijhoff. Volume VII Chapter 13 (1992)

Jack, RB. Banking Services: Law and Practice Report by the Review Committee. Cm 622. February 1989

2.56, 2.57, 2.58, 2.59, 2.61, 2.62, 2.71 2.82, 10.07, 10.08, 10.11, 10.12, 10.14

15.63, 15.76, 15.82

17.11, 17.56, 17.57, 17.61

19.16, 19.43, 19.45, 19.46, 19.47, 19.60, 19.62, 19.63, 19.66

28.38

6.04, 6.07

19.30, 19.42

29.66, 29.67, 29.69, 29.70

9.45, 12.20

Jaconelli, J. Privity: The Trust Exception Examined. [1998] Conv 88 15.51

Jones, J and Goodhart, W. Specific Performance. Butterworths, 2nd edn (1996) 15.06

Joseph 2015

Kerly 2011

Kloss 1975

Lalive 1955

Lasok & Stone 1987

Law Comm 242 (1996)

Law Comm 272 and Scottish Law Comm 184 (2001)

Law Comm 296 (2005)

Law Comm Electronic Commerce (December 2001)

Law Comm Further Updated Advice to HM Treasury (May 2008)

Law Comm 201 and Scottish Law Comm 152 (March 2012)

Law Reform Committee 1971

Lawson & Rudden 2002

Lee 1956

Joseph, D. Jurisdiction and Arbitration Agreements and their Enforcement. Sweet & Maxwell, 3rd edn (2015)

Kitchin, D, Llewelyn, D, Mellor, J, Meade, R, Moody-Stuart, T and Keeling, D. Kerly’s Law of Trade Marks and Trade Names. Sweet & Maxwell, 15th edn (2011); as subsequently updated by the supplement of 2014

Kloss, M. Notice of the Equitable Assignment of a Chose in Action. (1975) 39 Conv (NS) 261

Lalive, PA. The Transfer of Chattels in the Conflict of Laws. Oxford University Press, 1st edn (1955) 2.08, 2.49, 2.51

Lasok, D and Stone PA. Conflict of Laws in the European Community. Professional Books Ltd, 1st edn (1987)

The Law Commission. Final Report No 242. Privity of Contract: Contracts for the Benefit of Third Parties. HMSO (1996) 5.29, 5.35

The Law Commission and The Scottish Law Commission. Third Parties – Rights Against Insurers. Cm 5217 (2001)

17.144, 17.148

The Law Commission. Final Report No 296. Company Security Interests. Cm 6654 (2005)

The Law Commission. Electronic Commerce: Formal Requirements in Commercial Transactions. December 2001

The Law Commission. The UNIDROIT Convention on Substantive Rules regarding Intermediated Securities: Further Updated Advice to HM Treasury. May 2008

The Law Commission and The Scottish Law Commission. Insurance Contract Law: Post Contract Duties and Other Issues. March 2012

9.40, 9.41

6.136, 19.141, 19.143

17.89

The Law Reform Committee. 18th Report, Conversion and Detinue. (1971) Cmnd 4774 29.24

Lawson, FH and Rudden, B. The Law of Property. Oxford University Press, 3rd edn (2002)

Lee, RW. The Elements of Roman Law. Sweet & Maxwell, 4th edn (1956)

2.08, 2.11, 2.13, 2.39, 2.44, 2.52, 2.76, 2.78, 2.79, 9.03

Lee 1969

Lewin 2015

Lewison 2015

Logan 1945

Lowe & Douglas 2015

MacGillivray 2015

MacMillan 2000

Macnair 1988

Maitland 1936

Mance 1995

Mann 1992

Mann 2012

Marshall 1950

Marshall 1950a

Martin 1992

Masson, Bailey-Harris & Probert 2008

Matheson 1966

Lee, WA. The Public Policy of Re Cook’s Settlement Trusts. (1969) 85 LQR 213

Tucker, L, Le Poidevin, N, Brightwell, J (eds). Lewin on Trusts. Sweet & Maxwell/Thomson Reuters. 19th edn (2015); as subsequently updated by the supplement of 2016

Lewison, K. The Interpretation of Contracts Sweet & Maxwell, 6th edn (2015)

Logan, DW. A Civil Servant and his Pay (1945) 61 LQR 240

Douglas, G and Lowe, N (eds). Bromley’s Family Law. Oxford University Press, 11th edn (2015).

Birds, J, Lynch, B and Paul, S (eds). MacGillivray on Insurance Law. Sweet & Maxwell, 13th edn (2015); as subsequently updated by the supplement of 2017

15.76, 15.82

13.06, 14.59, 15.84, 29.13, 29.148, 29.151

14.59, 14.60, 24.06, 32.29, 32.30

22.01, 22.03

31.19

17.08, 17.10, 17.28, 17.34, 17.42, 17.102, 17.105, 17.117, 17.129, 17.130, 21.28, 31.11, 31.12, 31.13

MacMillan, C. A Birthday Present for Lord Denning: the Contracts (Rights of Third Parties) Act 1999. (2000) 63 MLR 721 5.23

Macnair, MRT. Equity and Volunteers. (1988) 8 Legal Studies 172 15.76

Maitland, FW (revised, Brunyate, J). Equity: A Course of Lectures. Cambridge University Press, 2nd edn (1936)

Mance, J. Insolvency at Sea. [1995] LMCLQ 34

Mann, FA. The Legal Aspect of Money Clarendon Press, 5th edn (1992)

Proctor, C. Mann on the Legal Aspect of Money. Oxford University Press, 7th edn (2012)

Marshall, OR. The Assignment of Choses in Action. Sir Isaac Pitman & Sons Ltd, 1st edn (1950)

2.69, 2.70, 10.22, 10.26, 11.71, 11.78, 11.124, 15.75

12.36, 12.37, 12.40

2.48, 2.76, 2.99, 7.86, 10.06, 10.07, 11.04, 13.80, 13.82, 13.85, 13.90, 14.35, 16.07, 16.11, 23.19, 26.49

Marshall, OR. Anachronisms in Equity. (1950) 3 CLP 30 15.63

Martin, J. Casenotes Editor’s Notes. [1992] Conv 268 18.09

Cretney, SM, Masson, J, Bailey-Harris, J and Probert, R. Principles of Family Law. Sweet & Maxwell, 8th edn (2008)

Matheson, D. The Enforceability of a Covenant to Create a Trust. (1966) 29 MLR 397

22.08, 33.19

15.63, 15.59, 15.65

Matthews 1981

McGee 2014

McKendrick 1994

McLaughlan 1980

McKnight 2017

McMeel 2003

Matthews, P. The Constitution of Disclaimed Trusts Inter Vivos. [1981] Conv 141

McGee, A. Limitation Periods. Sweet & Maxwell/Thompson Reuters, 7th edn (2014); as subsequently updated by the supplement of 2017

McKendrick, E. Unascertained Goods: Ownership and Obligation Distinguished (1994) 110 LQR 509

McLaughlan, DW. Priorities—Equitable Tracing Rights and Assignments of Book Debts. (1980) 96 LQR 90 27.95, 27.101, 27.105

Paterson, S and Zakrzewski, R (eds). The Law of International Finance. Oxford University Press, 2nd edn (2017)

McMeel, G. On the Redundancy of the Concept of Bailment in Hudson, A (ed) New Perspectives on Property Law, Obligations and Restitution. Cavendish (2003)

McMeel 2004

McMeel 2017

Meagher & Lehane 1976

Meagher, Gummow & Lehane 2002

Megarry 1943

Megarry & Wade 2012

Merkin 2000

Micheler 2007

Milnes Holden 1955

Milnes Holden 1993

McMeel, G. The Modern Law of Assignment: Public Policy and Contractual Restrictions on Transferability. [2004] LMCLQ 483

McMeel, G. The Construction of Contracts: Interpretation, Implication and Rectification Oxford University Press, 3rd edn (2017)

Meagher, RP and Lehane, JRF. Trusts of Voluntary Covenants. (1976) 92 LQR 427

Meagher, RP, Heydon, JD and Leeming MJ. Equity: Doctrines and Remedies. Butterworths LexisNexis, 4th edn (2002)

6.39, 6.61, 6.112

15.76, 15.82

11.40, 11.54, 13.65, 13.87

Megarry, RE. Consideration and Equitable Assignments of Legal Choses in Action (1943) 59 LQR 58 13.90

Harpum, C, Bridge, S and Dixon, M. Megarry & Wade: The Law of Real Property. Sweet & Maxwell/Thomson Reuters. 8th edn (2012)

Merkin, R (ed). Privity of Contract: the Impact of the Contracts (Rights of Third Parties) Act 1999. LLP, 1st edn (2000)

Micheler, E. Property in Securities. Cambridge University Press, 1st edn (2007)

Milnes Holden, J. The History of Negotiable Instruments in English Law. The Athlone Press, 1st edn (1955)

Milnes Holden, J. Law and Practice of Banking: Volume 2 – Securities for Bankers’ Advances Pitman Publishing, 8th edn (1993)

8.05, 8.07, 8.20, 8.45, 18.05, 18.25, 18.41, 18.42, 18.43, 21.07, 21.08, 21.09, 21.10, 29.64

5.23, 5.35

6.39, 6.41, 19.115, 32.48

9.07, 9.13, 9.15, 10.07, 10.15, 12.46

9.06

Mitchell 1994

Mitchell 2010

Mitchell 2012

Mitchell & Watterson 2007

Moles & Terry 1999

Mollman 2011

Morcom, Roughton & St Quintin 2016

Moshinsky 1992

Mugasha 2007

Myners 2004

Mitchell, C. The Law of Subrogation. Oxford University Press, 1st edn (1994)

Mitchell, C (ed). Constructive and Resulting Trusts. Hart Publishing, 1st edn (2010)

Mitchell, C and Mitchell, P (eds). Landmark Cases in Equity. Hart Publishing, 1st edn (2012) 14.25

Mitchell, C, Watterson, S. Subrogation: Law and Practice. Clarendon Press, 2nd edn (2007)

Moles, P and Terry, N. The Handbook of International Financial Terms. Oxford University Press, 1st (paperback) edn (1999)

Mollman, A. Security Assignment of Debts and the Conflict of Laws. (2011) LMCLQ 262

Morcom, C, Roughton, A and St Quintin, T. The Modern Law of Trade Marks. LexisNexis, 5th edn (2016)

Moshinsky, M. The Assignment of Debts in the Conflict of Laws. (1992) 109 LQR 591

Mugasha, A. The Law of Multi-Bank Financing: Syndicated Loans and the Secondary Loan Market. Oxford University Press, 1st edn (2007)

Myners, P. Review of the Impediments to Voting UK Shares: Report by Paul Myners to the Shareholder Voting Working Group. January 2004

31.04, 31.05, 31.10, 31.11, 31.12, 31.13, 31.14, 31.17

6.04, 6.06, 6.10, 6.13, 6.33

Neyers 2009

Nicholas 1962

Nolan 2003

Nolan 2004

Nolan 2006

O’Neill & Woloniecki 2015

O’Sullivan, Elliott & Zakrzewski 2015

Bronaugh, R, Neyers, JW and Pitel, S (eds). Exploring Contract Law. Hart Publishing, 1st edn 2009

Nicholas, B. An Introduction to Roman Law. Oxford University Press, 1st edn (1962)

Nolan, RC. Indirect Investors: A Greater Say in the Company? (2003) 3 J Corp L Stud 73

Nolan, RC. Property in a Fund. (2004) 120 LQR 108

Nolan, RC. The Continuing Evolution of Shareholder Governance. (2006) 65 CLJ 92

O’Neill, PT and Woloniecki, JW. The Law of Reinsurance in England and Bermuda. Sweet Maxwell, 4th edn (2015); as subsequently updated by the supplement of 2017

O’Sullivan, D, Elliott, S and Zakrzewski, R. The Law of Rescission. Oxford University Press, 2nd edn (2015)

7.102, 20.85, 20.87, 20.98

17.95, 17.96, 17.97, 17.98, 17.103, 17.104, 17.108

28.13, 28.14, 28.17, 28.18