Problems with Secured Transactions

The purpose of this course was to examine the key problems which arise in practice in relation to secured transactions and to discuss how best to deal them. The law of security is part of the law of property: it is concerned with the creation of proprietary interests in assets. But it cannot be understood without an understanding of insolvency law: we take security because of the risk of insolvency. The conceptual background to the course is therefore property law and insolvency law, but they need to be understood in the light of the way in which security is taken in practice. The course covered: Seminar 1 What type of security should I take? Does my transaction need to be registered? Seminar 2 How should I draft the charging clause? How should I draft the secured obligations clause? Seminar 3 Should I be worried about priorities? How can I enforce my security? Seminar 4 What can go wrong on an insolvency? How should I take security over contracts? Seminar 5 Will my guarantee work? How can foreign laws affect my security?