Professor Louise Gullifer QC (Hon), FBA

Secured transactions law reform: lessons from Asia

This article discusses findings from a new book which examines secured transactions law in thirteen Asian countries. Special focus is given to the drivers, substance and process of law reform, and lessons are drawn from the Asian experience that could aid a broader understanding of the principles and policies shaping legal development in this area.

Non-notification receivables financing: can the assignor sue without joining the assignee?

Generalised statements in recent cases appear to say that an assignor cannot sue the debtor without joining the assignee to the action. This article argues that this should not be the case where the debtor has not been notified of the assignment, and that the statements in the cases are weak, if any, authority in relation to non-notification receivables financing.

This article is based on the full chapter published in Peel and Probert: Shaping the Law of Obligations: Essays in Honour of Professor Ewan McKendrick KC, OUP 2023, ISBN: 9780198889762.

Financial collateral arrangements in the digital asset world

This article covers three issues: (i) which kinds of digital assets (arguably) fall within the Financial Collateral Arrangements (No. 2) Regulations 2003 (FCARs); (ii) what is likely to constitute “possession or control” of a digital asset for the purpose of the FCARs (where a security financial collateral arrangement is involved); and (iii) whether the FCAR regime is appropriate in the digital asset context (and whether there needs to be a separate regime that applies specifically to digital assets).