Articles by author
Floating charges again
Far too much ink has been spilled attempting to distinguish between fixed and floating charges, so I will keep this brief. It was prompted by reading Sarah Worthington’s article in this journal last year (‘Fixed and floating charges: still favouring absolutism over multi-factored nuance’ (2023) 9 JIBFL 583). My purpose is twofold: to argue that distinguishing between fixed and floating charges is both conceptually impossible and commercially pointless; and then to suggest how the law might be reformed.
30 SEP 2024Interpreting statutes and contracts: what are the differences? Part I
In this Part 1, Richard Calnan discusses the similarities between contractual and statutory interpretation and then explores one important difference. Part 2, to be published in a later edition, will discuss three other important differences.
1 MAR 2022Interpreting statutes and contracts: what are the differences? Part II
In the first part of this article ((2022) 3 JIBFL 192), it was suggested that the basic principles of interpretation are common to all types of legal texts but that the different nature of statutes and contracts means that the application of those principles can differ depending on whether the instrument concerned is a contract or a statute. The first of those differences concerned the identification of the text itself: the text of a statute is easier to establish than the text of a contract.
1 MAY 2022The Draft Secured Transactions Code: its main features and lessons learnt
In this article, Richard Calnan discusses the purpose and scope of the Secured Transactions Code.
1 MAR 2024
