- Instructor: Rita Cheung
Date: 28 October 2023 (Saturday) Time: 9:30am-12:45pm Language: English Level: Elementary
Speaker: Dr. Rita Cheung, MCAL Solicitors LLP
Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts: 3 Fee: HK$1,790
This seminar focuses on secured lending to corporate debtors. English law has deployed a plethora of ‘true’ consensual security interest: mortgage (legal and equitable), charge (fixed and floating), pledge, the contractual lien. What do we mean by ‘security’? It examines the registration regime under the Companies Ordinance. It also touches on quasi-security, with a particular focus on retention of title clauses. This seminar outlines the rule against reflective loss. The Supreme Court has fundamentally reconceived the rule against reflective loss in Carlos Sevilleja Garcia v Marex Financial Limited [2020] UKSC 31 by carefully confining the rule to company shareholders, lifting the bars to creditors.
- Possessory security – pledge and lien; 2. Non-possessory security – mortgage and charge; 3. Registration of company charges; 4. Priority
- Quasi-security: retention of title clause.; PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The ‘Res Cogitans’) [2016] UKSC 23, [2016] AC 1034 which adds bone to the flesh of the modern analysis of retention of title clause
- The rule against reflective loss
