Law of Personal Property, 3rd Edition | 2021*

Law of Personal Property, 3rd Edition | 2021*

Disputes and legal issues involving personal property frequently arise in the world of commercial law. This updated third edition of the leading text on The Law of Personal Property offers a thorough and detailed analysis of the legal principles governing both physical (tangible) and non-physical (intangible) personal property.

What’s New in the Third Edition:

• A brand-new chapter on Digital Assets, reflecting the rapid growth and legal evolution in this area.

• Expanded coverage of electronic documents, exploring how digital records and transactions are treated under personal property law.

• Discussion of the legal impact of Brexit, considering how the UK’s departure from the EU has affected this area of the law.

Key Legal Updates Covered in the Supplement:

This supplement highlights significant case law, legislative changes, and other legal developments in the law of personal property, including both tangible and intangible assets. Notable updates include:

• Hocking v Director-General of the National Archives of Australia – A High Court of Australia case clarifying the concept of property, especially in relation to intangible assets.

• Borwick Development Solutions Ltd v Clear Water Fisheries Ltd – A case addressing ownership rights over land and wild animals (animals ferae naturae) located on the land.

• AA v Persons Unknown – A decision concerning how digital assets are classified within existing property law frameworks.

• Smethurst v Commissioner of Police – An Australian case examining whether information itself can be legally recognised as property.

• Law Commission Consultation Paper 254 (2021): Digital Assets: Electronic Trade Documents – Alongside new London Metal Exchange rules for immobilised and dematerialised warehouse warrants.

• Natixis SA v Marex Financial – Explores whether warehouse receipts can be classified as negotiable instruments (i.e., transferable financial documents).

• London Clubs Management Ltd v HMRC – A UK Supreme Court ruling on whether non-negotiable casino chips qualify as “money or money’s worth” for gaming tax purposes.

• BTI 2014 LLC v Sequana SA – A key decision on the duties owed to creditors and handling of company assets approaching insolvency.

• Corporate Governance and Insolvency Act 2020 – Introduced a general moratorium protecting eligible companies from legal actions against their assets.

• Scipion Active Trading Fund v Vallis Group Ltd – Addresses pledges, warehouse warrants, and conflicts of laws in cross-border commercial arrangements.

• SL Claimants v Tesco plc – Examines legal outcomes when securities are held via intermediaries.

• The impact of Brexit on the priority rules governing registered design rights.

• Serious Fraud Office v Litigation Capital Ltd – Deals with competing assignments of rights and the application of the Dearle v Hall priority rule.

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