Issues and disputes concerning personal property are a common feature of commercial legal practice. The new edition of this authoritative guide to this substantial area of common law provides a comprehensive and in-depth treatment of both tangible and intangible personal property.
In this third edition of The Law of Personal Property, the work up is brought up to date with the latest developments. Most importantly, there is now
- a comprehensive new chapter on Digital Assets, bringing the reader up to date with a fast developing body of law
- a substantially extended treatment of electronic documentation
- In general, a discussion of the effects of Brexit
The key new case law, legislation and other developments covered in this supplement includes:
- Hocking v Director-General of the National Archives of Australia (a decision of the High Court of Australia on the meaning of property with particular reference to intangible assets)
- Borwick Development Solutions Ltd v Clear Water Fisheries Ltd (on the ownership of land and of animals ferae naturae on the land)
- AA v Persons Unknown (the appropriate location of digital assets in the scheme of property classification)
-Smethurst v Commissioner of Police (an Australian High Court decision on whether information amounts to property)
- Law Commission, Digital Assets: Electronic Trade Documents (Consultation Paper 254, 2021) and the amended rules of the London Metal Exchange on immobilised and dematerialised warehouse warrants
- Natixis SA v Marex Financial (on the question whether warehouse receipts may be treated as negotiable (transferable) instruments)
- London Clubs Management Ltd v Revenue and Customs Commissioners (a Supreme Court decision on whether non-negotiable gambling chips were to be treated as “money or money’s worth” for the purpose of gaming duty)
- BTI 2014 LLC v Sequana SA (the interests of creditors and dealings with a company’s assets in the run-up to liquidation)
- Corporate Governance and Insolvency Act 2020 (the general moratorium in the case of eligible companies on actions against a company and its assets)
- Scipion Active Trading Fund v Vallis Group Ltd (pledges, warehouse warrants and the conflict of laws)
- SL Claimants v Tesco plc (the legal consequences of holding securities through intermediaries)
- The effect of Brexit on the priority regime relating to registered designs
- Serious Fraud Office v Litigation Capital Ltd (on priority between competing assignments and the rule in Dearle v Hall)
