Floating charges in England

Andreas Televantos

Chapter 2 in Floating Charges in Comparative Perspective, 2025, pp 86-108 from Edward Elgar Publishing

Abstract: This chapter examines the floating charge in English law from historical, theoretical, and practical perspectives. It looks at why the floating charge in English law evolved in the nineteenth century in the midst of historical controversies surrounding limited liability corporations. It also examines the nature of a floating charge holder's rights, and how the law's recognition of floating charges sits uneasily with basic principles of equitable property. It then moves on to consider the practical problems surrounding the use of floating charges today, especially given relatively recent legislative changes in the area. Finally, it asks whether the different statutory treatment of fixed and floating charges upon insolvency in English law is justifiable.

Keywords: Floating charges; Security; Equitable property; Insolvency; Priority; English law (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035317134
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