Teaching interests
Over the years I have taught a variety of courses at both undergraduate and postgraduate level
particularly Property Law and Corporate Law. In recent years I have taught four specialist
courses at Masters level – International Corporate Rescue, International Law of Credit and
Security, International Insolvency Law and International Trade Finance Law. These
postgraduate courses have proved particularly popular with international students.
I also have extensive supervisory experience successfully supervising many PhD students
through to completion and acting as both internal and external examiner of PhD theses. My
Phd students have been drawn from a variety of countries including China, Saudi Arabia,
Turkey and Indonesia.
All of my specialist postgraduate modules integrate to a large measure the insights from my
research. For instance my module on International Law of Credit and Security has “road
tested’ and refined concepts that have formed the basis of a successful research application
focused on “Secured Credit and Legal Harmonisation”. The module turns the spotlight on
harmonisation and modernisation of secured credit law where the whole agenda appears to be
driven by a desire to remove restrictions on the taking of security. This is because of a
widespread belief that a “liberal” secured transactions regime promotes economic growth by
widening the availability of credit. But the agenda also has its critics. The law of secured
finance embodies cultural attitudes and public policy choices that vary greatly among States.
Changes to legal doctrine often mirror changes that have taken place in other jurisdictions.
In recent times, coercive change has come in subtle forms through conditions attached to
World Bank/IMF loans to developing countries. The US strongly influences the workings of
these institutions.
World Bank and IMF conditionality may require the enactment of
measures to enhance the availability of credit by means of a modern secured transactions
regime. Prescriptions in this regard are most unlikely to be expressed as crudely as “Enact
Article 9 of the American Uniform Commercial Code”. Instead, they are more likely to call
for progress and advancement in line with best international practice.
Best international
practice is considered to be represented by the work of organizations such as UNCITRAL.
The US, by virtue of economic power and the prestige of its economic and legal models,
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heavily influences the work of UNCITRAL and analogous bodies. Critical commentators
have therefore spoken of imperialist law. During the module I have been able to test these
hypotheses out on the students and gain valuable insights. Many of the students come from
developing countries and they have been able to add valuable additional dimensions and
perspectives to my research endeavours.
Academic Leadership and Administration
Currently I am Director of the Centre for Business Law and Practice (CBLP) at the University
of Leeds. I lead CBLP in its teaching and research mission which means inter alia, mentoring
and supporting colleagues in the Centre and elsewhere in the Law School; peer reviewing grant
applications and potential research outputs, and promoting the profile of the Centre and its
postgraduate offerings.
Research interests
My teaching and research interests are concentrated in the fields of Corporate/Commercial
Law in a broad sense particularly Secured Credit and Insolvency Law viewed from a private
international law and comparative law perspective though I have also taught and written in
other areas most notably Property Law.
There are four main interlocking strands to my research.
Firstly, since April 2015 I have been coordinating a team from the University of Leeds that
have won a contract from the European Commission - JUST/2014/JCOO/PR/CIVI/0075 – to
carry out a study on substantive insolvency law.
This contract is to be seen in the context of possible EU harmonisation measures in the field
of insolvency law. Working with a team of national reporters, the Leeds project team will
collect data on insolvency law matters in the EU Member States. This includes data about
the procedures available to overindebted consumers explaining the conditions and timeframe
for debt reduction and discharge.
The Leeds project team will then carry out horizontal, cross-cutting analysis of the data;
identifying areas where disparities in national laws produce problems that have impacts
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outside national boundaries. The comparative evaluation and analysis will be approached
from the perspective of creating an environment that tries to avert business and personal
economic failure but, at the same time, sanctions severely conduct that constitutes an abuse
of the fundamental freedoms underpinning the EU legal order. The report and analysis is
intended to achieve a greater concordance between insolvency law, the regulatory
instruments of insolvency practice, and the Europe 2020 growth strategy of fostering
economic recovery and sustainable growth. The objective is to facilitate a situation where
economic and social systems are adaptable, resilient and fair; where economic activity is
sustainable and where human values are respected.
The second strand is a project on ‘Security Rights and the European Insolvency Regulation’
which has been funded by the European Commission to the extent of 481,000 euros though a
large part of the funding will go to the project partners – Laura Carballo (Santiago de
Compostela); Renato Mangano (Palermo); Reinhard Bork (Hamburg) and Tibor Tajti (
Central European University, Budapest). The Leeds share of the budget is 156,000 euros.
My colleague, Zheng (Sophia) Tang is a co-investigator on the project.
The project will critically analyse and evaluate the provisions governing rights in rem
(security rights) and transactional avoidance in the European Insolvency Regulation
(Regulation 1346/2000) and address whether there is scope for reform of the law. Security
rights are essentially rights over property intended to secure payment of a debt or obligation.
The project runs for two years from 1st May 2014 and will certainly take up a large part of
my time for the next 12-18 months.
Security rights are of fundamental importance to the granting of credit - recital 25 of
Regulation 1346/2000. They are generally considered to increase the availability and lower
the cost of credit but there appears to be divergent views on the extent to which it should be
possible to create security rights over assets - see recital 11.Moreover, laws in many
countries – avoidance laws - strike at advantage gaining by creditors in the period
immediately before formal insolvency proceedings are instituted. It is seen as potentially
unfair to other creditors who may be forced into taking enforcement proceedings against the
debtor and this may precipitate the premature liquidation of the debtor with an overall loss of
economic value. The project will assess the conception of security rights according to the
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different European legal traditions and evaluate the appropriateness of the protection given to
security rights in light of:

developments in those European legal traditions

the objective of Regulation 1346/2000 to facilitate the more effective administration
of cross-border insolvency cases

the need for security in the context of the financial crisis

the basic principles of ensuring fairness between creditors

forestalling premature liquidation

reinforcing the collective nature of the insolvency process.
The growth strategy put forward by the Commission, Europe 2020, is designed to achieve
economy recovery and sustainable growth, targeting as primary goals a higher investment
rate and the preservation of employment. The rescue of troubled enterprises is at the core of
this strategy and the project is intended to facilitate a greater concordance between the
strategy and the evolution of Regulation 1346/2000.
In total the project will result in 5 reports. Four of these reports will be around 100 pages and
evaluate the law of security rights and the avoidance of transactions from one of the
following European legal traditions
Common Law
Roman legal systems
Germanic legal systems
Eastern Europe legal systems.
A fifth and final report will be around 200 pages. It will be written under my direction as
project co-ordinator and will synthesises the ‘legal traditions’ reports; expound common
themes and ideas; evaluate the appropriateness of the protection afforded security rights
under Articles 5 and 13 of the Regulation and suggest possible law reform measures in this
field.
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The third strand of my research involves evaluating the different approaches towards
personal property security law reform in England and other leading common law
jurisdictions. With financial support from the Canadian High Commission I have looked in
detail at the background to the enactment of reforming legislation in Canada in the personal
property security sphere. The inspiration for the Canadian reforms has been the enactment of
Article 9 of the US Uniform Commercial Code. Article 9 adopts a functional approach
towards security interests in property and this is to be contrasted with the pragmatic,
piecemeal approach prevailing in England. My research on Article 9, funded by the
Leverhulme Trust, has led to a research monograph and a number of articles which aim to
dissect the conceptual underpinnings of personal property security law and also highlight the
different perspectives on the subject in Britain and in North America. The North American
experience was the catalyst for the enactment of the Personal Property Securities Act in New
Zealand and my research has been extended to New Zealand through funding from the
British Academy. There is a widespread view that Article 9 is normatively superior to other
systems and that, irrespective of national frontiers, the law should converge towards the best
model. My work suggests that these theories fail to take adequate account of the "pathdependent" nature of legal development. They also fail to pay sufficient regard to the role of
national lawyers and other interest groups in the reform process.
Fourthly, I have completed a research monograph which evaluates corporate rescue
restructuring procedures in the major common law jurisdictions; principally England and the
United States. The work aims to move away from the pro-creditor/pro-debtor paradigm and
tries to evaluate corporate rescue law across a broad range of indicators.
Publications Books
Secured Credit and the Harmonisation of Law (Edward Elgar Publishing 2011) – see
http://www.e-elgar.co.uk/bookentry_main.lasso?id=14109
This monograph analysed in detail the UNCITRAL Secured Transactions Guide and reached
a number of conclusions including the following -
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(1) US law shaped the content of the Guide to such an extent that it is not really suitable
for direct and immediate translation into the laws of other countries. Predicting the
likely effect of the UNCITRAL Secured Transactions Guide on international
harmonisation efforts is however a necessarily forwarding looking and tentative
process. Moreover, there are no objective measures for “influence”. Influence is
generally indirect; it can be long-term in nature and a number of different influences
or factors may combine together to produce the same.
(2) The Guide is more prescriptive and “American” in tone than other comparable
instruments such as the European Bank for Reconstruction and Development Model
Law on Secured Transactions.
(3) The US by virtue of its economic power and the associated prestige of its legal and
economic models heavily influences the work of international bodies such as
UNCITRAL.
(4) US centred groups such as the Commercial Finance Association played an influential
role in the formulation and drafting of the Guide.
(5) The perceived influence of pressure groups has engendered controversy about
UNCITRAL working methods.
(6) Legal change including the enactment of “modern” secured credit law is often
directed from outside as a result of IMF or World Bank “conditionality”.
(7) But legal change seems to operate most effectively when it responds to indigenous
needs and builds on domestic legal norms.
The book tried to combine the benefits of rigorous traditional doctrinal analysis with some of
the insights gained from the economic analysis of law. It also leveraged the work of legal
sociologists on how legal change operates most effectively in different contexts and settings
and on how influential pressure groups may “capture” norm setting institutions. The book was
located firmly in the context of global financial pressures and the changing institutional
environment.
Corporate Rescue Law – An Anglo-American Perspective (Edward Elgar Publishing, 2008) see http://www.e-elgar.co.uk/bookentry_main.lasso?id=12728.
6
This book offers a detailed comparative critique of Anglo-American corporate bankruptcy
law. It challenges the standard characterisation that US law in the sphere of corporate
bankruptcy is “pro-debtor” and UK law is “pro-creditor” and suggests that the traditional
thesis is, at best, a potentially misleading over-simplification. It also offers the conclusion
that there is some functional convergence in practice, while acknowledging that corporate
rescue, as distinct from business rescue, still plays a larger role in the US. The focus is on
corporate restructurings with in-depth scrutiny of Chapter 11 of the US Bankruptcy Code and
the UK Enterprise Act. It also offers other comparative oversights.
Secured Credit under English and American Law (Cambridge University Press, 2004) (276
pages).
Secured credit drives economic activity. In this monograph English law in the area and the
alleged deficiencies of the same are analysed against the backdrop of Article 9 of the US
Uniform Commercial Code. Article 9 moves away from the formalistic preoccupations of
current English law and combines and more comprehensive filing system with clearer and
more rationally determined rules for determining priorities between competing security
interests in the same property. In addition, I consider whether there really is a case for the
priority of secured credit and whether there are other international models to draw upon.
Proprietary Claims and Insolvency (Sweet & Maxwell, 1997). This monograph consisting of
244 pages of text looks at how the Law of Insolvency handles proprietary claims. The book
stands very much at the intersection between three branches of law that are traditionally
thought of as discrete - Trusts, Restitution and Insolvency.
Registration of Company Charges (Ist ed Sweet & Maxwell, 1994; 2nd ed. Jordans 2005; 3rd
ed. 2009). The third edition of this book published in 2009 has just over 270 pages of text
and looks in detail at the English law pertaining to the registration of security interests over
the property of companies. Again the book contains a significant comparative element with
an examination, inter alia, of Article 9 of the US Uniform Commercial Code.
Reservation of Title (Sweet & Maxwell, 1st ed. 1990; 2nd ed. 1995) – is a comprehensive
account of retention of title clauses in sale of goods contracts and analogous devices. The
monograph consists of approximately 250 pages of text and while the focus is mainly on
7
United Kingdom law and practice there is considerable discussion of, and attention paid to,
the state of the law in other jurisdictions.
The New Companies Legislation (Round Hall Sweet & Maxwell, 1991) is a 250 page text
which examines the 1990 Companies legislation in the Republic of Ireland. Much of the
initiative behind the legislation comes from the European Communities. Considerable
attention is paid in the book to the European dimension and there is extensive discussion of
the experience in other jurisdictions.
Selected articles
“Reconciling European Conflicts and Insolvency Law” (2014) 15 European Business
Organization Law Review 309-336.
“Bankruptcy Forum Shopping: The UK and US as venues of choice for foreign companies”
(2014) 63 International and Comparative Law Quarterly 815-842.
“Reforming the European Insolvency Regulation: A Legal and Policy Perspective” (2014)
Journal of Private International Law 41-67.
“Conflicts, avoidance and international insolvency 20 years on: a triple cocktail” [2013]
Journal of Business Law 141-159.
“Universalism in Insolvency Proceedings and the Common Law” (2102) Oxford Journal of
Legal Studies 325-347.
“Comi and Comity in UK and US Insolvency Law” (2012) 118 Law Quarterly Review 140159.
“American Private Law Writ Large? The UNCITRAL Secured Transactions Guide” (2011)
60 International and Comparative Law Quarterly 597-625.
“UNCITRAL, Security Rights and the globalisation of the US Article 9” (2011) 62 Northern
Ireland Legal Quarterly 485-504.
“Reconstructing European Insolvency Law: Putting in Place a New Paradigm” [2010] Legal
Studies 126-146.
“Convergence, Path-Dependency and Credit Securities: The Case against Europe-Wide
Harmonisation” (March 2010) 10 Global Jurist Issue 2 pp 1-37.
8
“Jurisdictional Competition and Forum Shopping in Insolvency Proceedings” (2009) 68
Cambridge Law Journal 169-197.
“Rescuing Small Businesses: Designing an “Efficient” Legal Regime” [2009] Journal of
Business Law 299-330.
“Apples and Oranges? Corporate Rescue and Functional Convergence in the US and UK”
(2009) 18 International Insolvency Review 109-133.
“Corporate Rescue Law in Singapore and the Appropriateness of Chapter 11 of the US
Bankruptcy Code as a Model” (2008) 20 Singapore Academy of Law Journal 396-437.
“Super-priority New Financing and Corporate Rescue” [2007] Journal of Business Law 701732.
“Control and Corporate Rescue – An Anglo-American Evaluation” (2007) 36 International
and Comparative Law Quarterly 515-552.
“Swelling Corporate Assets: Changing what is on the menu” (2006) 6 Journal of Corporate
Law Studies 39-69.
“Lords Hoffmann and Millet and the Shaping of Credit and Insolvency Law” [2005] Lloyds
Maritime and Commercial Law Quarterly 491-514.
“The Law Commission Consultative Report on Company Security Interests – An Irreverent
Riposte” (2005) 68 MLR 286-209.
“Personal Property Security Law Reform in Comparative Perspective – Antipodean
insights?” (2004) 33 Common Law World Review 3-34.
“The Priority of Secured Credit: An Anglo-American Perspective” [2003] Journal of
Business Law 389-419.
“Reforming the law of security interests: national and international perspectives” [2003]
Singapore Journal of Legal Studies 1-37.
“Rewriting the English law of personal property securities and Article 9 of the US Uniform
Commercial Code” (2003) 24 Company Lawyer 69-80.
“Security over Shares – Reform is in the air” [2003] Insolvency Lawyer 92-100.
“The Floating Charge and the Law Commission Consultation Paper on Registration of
Security Interests” [2003] Insolvency Lawyer 2-13.
“Quasi-securities and the Law Commission consultation paper on security interests – a brave
new world” [2003] LMCLQ 80-94.
(with F Dahan) “International Influences and the Polish Law on Secured Transactions:
Harmonisation, Unification or What?” (2002-3) 7 Uniform Law Review 713-736.
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“Personal Property Security Law Reform in England and Canada” [2002] Journal of Business
Law 113-142.
“Notice filing versus transaction filing – A comparison of the English and U.S. Law of
Security Interests” [2002] Insolvency Lawyer 166-174.
“Security Interests in Deposit Accounts: An Anglo-American Perspective” [2002] Insolvency
Lawyer 7 -13.
“The nature of security over receivables” (2002) 23 Company Lawyer 84-92.
“Retention of Title and the EC Late Payment Directive” (2001) 1 Journal of Corporate Law
Studies 501 -518.
“Subrogation and Bankers' autonomous undertakings" (with A Ward) (2000) 116 Law
Quarterly Review 121-146.
"OEICs and trusts: the changing face of English investment law" (2000) 21 Company
Lawyer 2-13.
"Receiverships and the Rescue Culture" [2000] Company, Financial and Insolvency Law
Review 229-247.
"Debts and Non-assignment clauses" [2000] Journal of Business Law 422-445.
"Secured Transactions in Countries in Transition (The Case of Poland): From Model to
Assessment" (with F Dahan) [1999] European Business Law Review 85-94.
"Conflicts of interest and the investment management function" (1999) 20 Company Lawyer
2-13 (a longer version of this article has also been published in the 1999 volume of the
International and Comparative Corporate Law Journal at pp. 5-40).
"The EBRD Model Law on Secured Transactions: Comparisons and Convergence" (with F
Dahan) [1999] Company, Financial and Insolvency Law Review 65-83.
"Trustee Investments and Ethical Considerations" (1998) 19 Company Lawyer 39-49.
"The Liability of Trustees for Gross Negligence" [1998] Conveyancer and Property Lawyer
100-114.
"Charge Backs and Commercial Certainty in the House of Lords" [1998] Company,
Financial and Insolvency Law Review 111-120.
"Fiduciaries in a changing commercial climate" (1997) 18 Company Lawyer 38-45 also
published in B. Rider and M. Andenas ed. Developments in European Company Law vol
1/1996 (London, Kluwer Law International, 1997) at pp. 33-47.
"Liability of trustees for negligent investment decisions" [1997] Professional Negligence 4552.
10
"Suing external fund managers: redress for disgruntled trust beneficiaries" [1997] Trust Law
International 60-66.
"Proprietary Claims and Insolvency in the wake of Westdeutsche" [1997] Journal of Business
Law 48-71.
"The remedial constructive trust and commercial transactions" (1996) 17 Company Lawyer
3-11.
"The Eye of Equity: Identification principles of equitable tracing" [1996] Journal of
Business Law 225-246.
"Mistaken Payments and Proprietary Claims" [1996] Conveyancer and Property Lawyer 8697.
"Money Laundering and Banking Secrecy in the UK" (1995) 16 Company Lawyer 6-10.
"Assisting in a breach of trust: principles of accessory liability" [1995] Trust Law
International 102-107.
"Conditional payments and Insolvency - The Quistclose Trust" [1994] Denning Law Journal
93-115.
"The House of Fraser Inspectors report" (1994) 15 Company Lawyer 40-45.
"Reservation of Title - Past, Present and Future" [1994] Conveyancer and Property Lawyer
129-139.
"Compulsory Expropriation and Company Law" [1994] Anglo-American Law Review 161194.
"Priority of Charges and Registration" [1994] Journal of Business Law 587-605.
"Self-Incrimination in the corporate context" [1993] Journal of Business Law 425-443.
"Insider Dealing - a new regime for the Republic of Ireland" (1992) 13 Company Lawyer
105-111.
"Reservation of Title in England and New Zealand" [1992] Legal Studies 195-209.
"Charges and Priorities" (1991) 12 Company Lawyer 11-15.
"The Guinness Saga: In Tom We Trust" (1991) 12 Company Lawyer 90-97.
"Hire Purchase, Reservation of Title and Fixtures" [1990] Conveyancer and Property Lawyer
275-287.
"Effective Reservation of Title and Priorities" [1990] Journal of Business Law 314-324.
"Registration of Company Charges: The New Law" [1990] Lloyd's Maritime and
Commercial Law Quarterly 520-546.
11
"Mixture of Goods" [1990] Legal Studies 293-306.
"Reservation of title and the non-corporate buyer" [1989] Insolvency Law and Practice" 162167.
"Reservation of Title - The Controversy Continues" [1989] Lloyd's Maritime and
Commercial Law Quarterly 198-215.
"Conclusiveness in the Company Charge Registration Procedure" (1989) 10 Company
Lawyer 175-180.
"Fixed Charges on Future Book Debts" (1987) 8 Company Lawyer 3-11.
"Extension of Time for Registration of Company Charges" [1986] Journal of Business Law
282-293.
Chapters in Books
European Conflicts and Insolvency – Resolving Uncertainties’ in Rebecca Parry ed European
Insolvency Law: Current Issues and Prospects for Reform (INSOL Europe, Nottingham
2014) at pp 97 -112.
“Reforming the Insolvency Regulation’ in 2014 Gore-Browne on Companies Special Release
(Jordans, Bristol, 2014) 79-89.
“National Report for England” in D Faber et al eds Commencement of Insolvency
Proceedings (OUP, Oxford, 2012) chapter 9.
“Fairness and efficiency in the law of guarantees” in J Devenney and M Kenny eds
Consumer Credit, Debt and Investment in Europe (CUP, Cambridge, 2012) at pp. 182-211.
“Conflicts and Avoidance in International Insolvency” 2012 Gore-Browne on Companies
Special release (Jordans, Bristol, 2012) at pp. 92- 101.
“Centre of Main Interests in the European Insolvency Regulation and the Cross-Border
Insolvency Model Law” in 2011 Gore-Browne on Companies Special release (Jordans,
Bristol, 2011) at pp. 58- 67.
“Convergence,
path-dependency and credit securities; the case against Europe-wide
harmonization” in M Andenas and C Baasch Andersen eds Theory and Practice of
Harmonisation (Edward Elgar Publishing, Cheltenham, 2011) at pp. 352-392.
12
“Pressured by the paradigm: the Law Commission and company security interests” in J De
Lacy ed. The Reform of UK Personal Property Security Law (London, Routledge-Cavendish,
2010) at pp. 83-116.
“The CFR and Credit Securities – A Suitable Case for Treatment?” in A Vacquer ed.
European Private Law Beyond the Common Frame of Reference (Amsterdam, Europa Law
Publishing, 2008) at pp. 99-129.
“Reform” in Paul Ali ed. Secured Finance Transactions: Key Assets and Emerging Markets
(London, Globe Law and Business, 2007) at pp. 41-56.
“The UNCITRAL Legislative Guide on Secured Transactions – Functionalism and Form” in
B Foex, L Thevenoz and S Bazinas eds Reforming Secured Transactions (Geneva,
Schulthess, 2007) at pp. 43-62.
“Present and Future of Real and Personal Security: England” in John Bell ed. Studies in UK
Law 2002 (London, UKNCCL, 2002) at pp. 139-176.
“The Floating Charge in England and Canada” in John De Lacy ed. The Reform of UK
Company Law (London, Cavendish 2002) at pp. 389-414
"Restitution, Policy and Insolvency" in Francis Rose ed. Restitution and Insolvency (Oxford,
Hart Publishing, 2000) at pp. 261-275.
Compulsory Expropriation and Company Law" in J. Harris ed. Property Problems: From
Genes to Pension Funds (London, Kluwer Law International, 1998) at pp. 61-77.
"Regulatory Action and Parallel Proceedings" in John Bridge ed. UK Law for the Millenium
(London, UKNCCL, 1998) at pp. 94-119.
"Institutional shareholders and the Promotion of Good Corporate Governance" in Barry
Rider ed. The Realm of Company Law (London, Kluwer Law International, 1998) at pp.
131-160.
"Corporate Law" 25 pp. (with F. Dahan) in Barry Rider and Michael Ashe ed. International
Tracing of Assets (London, FT Law and Tax, 1997).
"Fundamental principles of identification and tracing of assets" 28 pp. in Barry Rider and
Michael Ashe ed. International Tracing of Assets (London, FT Law and Tax, 1997).
"Pari Passu Distribution and Construction Contracts" in Davis and Odams ed. Contemporary
Issues in Construction Law: Security for Payment (London, Construction Law Press, 1996) at
pp. 83-98.
"Money Laundering and Banking Secrecy" in Bridge, Banakas, Gardner and Carey Miller
ed.UK Law in the Mid-1990s (London, UKNCCL, 1994) at pp. 233-272.
This article has also been published in a collection of essays "Money Laundering and Bank
Secrecy" edited by Paulo Bernasconi and published by Kluwer Law International in 1996.
13
Chapter 18 "Reservation of Title Clauses and the Company Charge Registration System in
N. Palmer and E. MacKendrick ed. Interests in Goods (London, Lloyd's of London Press, 1st
ed.1993; 2nd ed. 1998) at pp. 727-759.
Chapter 17 "Rescue of Ailing Companies in Ireland" in H. Rajak ed. Insolvency Law:
Theory and Practice (London, Sweet & Maxwell, 1993) at pp. 269-294.
"Company Law" 37 pp. in Digest of Northern Ireland Law (Belfast, Servicing the Legal
System, 1st ed. 1991; 2nd ed. 1995)
"Companies Act 1990" 247 pp. in Irish Current Law Statutes Annotated (London, Sweet &
Maxwell, 1991).
"Companies (Amendment) Act 1990" 37 pp. in Irish Current Law Statutes Annotated
(London, Sweet & Maxwell, 1991).
I have also assumed responsibility on a continual basis for certain chapters in two looseleaf
works - Gore Browne on Companies and Gore Browne on EU Company Law.
Shorter Articles Corporate/Commercial Law
‘Equitable influences and insolvency law’ (2014) 3 Corporate Rescue and Insolvency 103106
“Football creditors – a game of two halves?” [2012] Insolvency Intelligence 105-108.
“Time to Revise the Insolvency Regulation” (2011) 2 International Insolvency Law Review
121 - 130.
“Notice Filing and the Law Commission Consultation Paper on Registration of Security
Interests” (2004) 1 International Corporate Rescue 52-58.
“Assignment and Documentary Credits” (2001) 16 Journal of International Banking Law
138-144.
"A New Application for the Doctrine of Subrogation" (with Alan Ward) (1999) 14 Journal of
International Banking Law 39-44.
"The Proceeds of Tracing" (1998) 19 Company Lawyer 80-82.
"Civil Liability for Receipt of Misappropriated Property" [1995] Business Law Review 176180.
"UK Company Law, Compulsory Expropriation and the ECHR" [1994] European Business
Law Review 91-95.
14
"Company Law - Secured Creditors Succumb" (1994) 16 Dublin University Law Journal
160-167.
"Pari passu distribution and construction contracts" [1993] Insolvency Law and Practice 169172.
"Company charge registration and overseas companies (1993) 137 Solicitors' Journal 11101112.
"Tort and Takeover Bids" [1993] Business Law Review 31-33.
"Fixed or Floating - Another Charge Conundrum" (1993) 15 Dublin University Law Journal
145-152.
"Pooling of Assets and Insolvency in Ireland" (1992) 13 Company Lawyer 191-192.
"Examining examinerships" (1992) 14 Dublin University Law Journal 101-105.
"Reservation of title - an overview" [1991] Insolvency Law & Practice 102-105.
“Reservation of title - the House of Lords speaks with a Scottish accent" [1991] Lloyd's
Maritime and Commercial Law Quarterly 154-162.
"Insider Dealing - New Departures in Ireland" [1991] Business Law Review 146-149.
"Reservation of Title - Debate continues" [1991] Journal of Contract Law 268-272.
"Liability of a Romalpa seller to sub-buyers" [1990] Business Law Reviw 109-111.
"Rescue of Ailing Companies under the New Court Protection Procedure" (1990) 8 Irish Law
Times (New Series) 89-94 and 115-119.
"Conditional Payments and Insolvency" (1990) 134 Solicitors' Journal 216-220.
"Reservation of Title Clauses and the Insolvency Act 1986" (1990) 11 Company Lawyer 4347.
"Retention of title - make haste slowly" (1990) 8 Irish Law Times (New Series) 248-252.
"Late Registration - A Last Lament" [1989] Journal of Business Law 154-157.
"All Liabilities Reservation of Title Clauses and Registration of Company Charges" [1989]
Conveyancer and Property Lawyer 92-98.
"Director Disqualification and Restriction" (1989) 7 Irish Law Times (New Series) 164-169.
"Company Inspections and the New Companies Bill" (1989) 7 Irish Law Times (New Series)
184-193.
"Incorporating a Retention of Title Clause into a sale of goods contract" (1989) 133
Solicitors' Journal 1052-1054.
15
"Swelling the assets of a company: New rules in Ireland" (1989) 10 Company Lawyer 160163.
"New Rules on Receivers" [1989] Insolvency Law and Practice 103-108.
"Fraudulent Trading: New wine in Old Bottles" (1988) 6 Irish Law Times (New Series) 135137.
"Unfair Preferences in Company Liquidations (1986) 37 Northern Ireland Legal Quarterly
86-91.
"A Purchaser's Lien in Liquidation" (1986) 7 Company Lawyer 113-114.
"The Indoor Management Rule in Ireland" (1985) 79 Gazette of the Incorporated Law
Society of Ireland 17-20.
"Serious Capital Loss in Companies" (1985) 79 Gazette of the Incorporated Law Society of
Ireland 285-287.
"Payment of Dividends out of Capital: The New Rules" (1984) 2 Irish Law Times (New
Series) 26-29.
"Registration of Charges in Ireland" (1984) 2 Irish Law Times (New Series) 67-70.
"Judicial Application of Solomon's Case in Ireland" (1984) 78 Gazette of the Incorporated
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