This work has established itself as a leading authority on its subject. The Third Edition brings the book fully up to date with the latest case-law since the Second Edition was published in 1996. It provides an authoritative commentary on the principles governing the law of set-off and is an essential purchase for banking, finance, and insolvency lawyers world-wide.

This new edition of the leading authority on set-off brings the book fully up to date with the latest case law since the third edition was published in 2003. It provides an authoritative commentary on the principles governing the law of set-off and is an essential purchase for banking, finance, and insolvency lawyers world-wide.

This is a completely revised, updated, and much enlarged edition of Derham's Set-Off which, when first published in 1987, rapidly established itself as one of the leading works on the subject. The purpose of the second edition, as the first edition, is to set out the principles of the law ofset-off and related doctrines, such as the banker's right to combine accounts and the rule in Cherry v Boultbee. A right of Set-Off is particularly important in the event of the insolvancy of one of the parties to mutual dealings resulting in cross-demands. In effect it enables the s9olvent party toobtain payment in full for his claim against the insolvent party in the form of a deduction from his liability, rather than being confined to proof as an unsecured creditor in the bankruptcy or winding up of the insolvent party. For this reason considerable emphasis is placed on the application ofthe law of set-off to insolvencies. In addition, though, set-off between solvent parties (particularly equitable set-offs) receives detailed treatment. The effect of an assignment of a debt and the appointment of a receiver are also considered, as well as diverse other questions such as whether asurety is entitled to the benefit of a right of set-off available to the principal debtor against the creditor.This edition is once again based primarily upton English case and staute law but also includes extensive references to Australian law, New Zealand and Irish law, and cases from a variety of jurisdictions involving international and cross-border set-off.

The third edition of this invaluable guide covers the application and practice of the law of set-off in over 30 jurisdictions spanning Europe, Asia and the Americas. Written by leading experts from around the word, each chapter explains the principles of the law of set-off in the jurisdiction concerned, and provides a comparative guide for banking and finance lawyers wishing to establish the pitfalls of set-off in a foreign jurisdiction For this new edition every chapter has been updated to contain new material specifically devoted to cross border aspects, including analysis of choice of law issues.. Fully updated legal analysis is also provided, with an emphasis on how set-off may be used as security and the application of insolvency set-off: taking into account new legal developments in the various jurisdictions and reflecting recent changes to legislation in the financial sector relating to bank and other financial firm resolution.

The law of personal property covers a very wide spectrum of scenarios and, unfortunately, has had little detailed scrutiny of its overarching structure over the years. It is a system and can best be understood as a system. Indeed, without understanding it as a system, it becomes much more difficult to comprehend. The second edition of this acclaimed textbook continues to provide a comprehensive yet detailed coverage of the law of personal property in England and Wales. It includes transfer of legal title to chattels, the nemo dat rule, negotiable instruments and assignment of choses in action. It also looks at defective transfers of property and the resulting proprietary claims, including those contingent on tracing, the tort of conversion, bailment and security interests. By bringing together areas often scattered throughout company law, commercial law, trusts and tort textbooks, it enables readers to see common themes and issues and to make otherwise impossible generalisations across different contexts about the nature of the concepts English law applies. Throughout the book, concepts are explained rigorously, with reference to how they are used in commercial practice and everyday life. The new edition also includes a new chapter on secured transactions law reform, and introduces new material on the Cape Town Convention, IP rights and other intangible property. The book will be of primary interest to academics and practitioners in the area. However, it will also be of use to students studying commercial or personal property law.

This book explains the existence, meaning and application of the rules governing the assignment of contractual rights. The second edition is updated and retains the structure of the first edition, focusing on what is meant by 'assignment', the distinction between legal and equitable assignments, how an assignable contractual right is identified, what formalities apply to assignment, and what rights and remedies are available to the parties to an assignment. In reviewing the first edition, The Hon JD Heydon said 'it is essential reading for ... teachers, especially those who teach contract, equity and personal property. Above all, it should always be consulted-read carefully, slowly and repeatedly-by any practitioner facing an assignment problem. ... It is not only the best book ever written on its subject, but among the best monographs dealing with legal doctrine published in recent years' (2008) 30 Sydney Law Review 169.

This edition brings the book fully up to date with the latest case-law in the UK, Astralia, Canada and New Zealand since the third edition was published in 2002.