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Ellinger's Modern Banking Law
This book looks at the UK banking in the context of general legal doctrines and banking regulation. It draws on Australian, US and Canadian examples and deals with the impact of the recent global financial crisis.
Down Memory Lane: Peter Ellinger's Memoirs
Having reached an advanced age and living in full retirement, Peter Ellinger has written his Memoirs. His odyssey commences with his birth in Vienna in 1933, the very year in which Adolf Hitler was democratically voted into power in Germany.Part I of the tome covers Peter's escape from Austria, his years as a refugee in Italy and in France and his primary, secondary and tertiary education in Israel. He describes the pull of the Austrian idols of his home and of the Zionist outlook of the Jewish Yishuv in Palestine. He also talks about his growing up and about his attaining religious insights.Notably, when he arrived in Palestine, the country was still governed by Britain under a mandate. He ...
Modern Banking Law
This new edition sets banking law clearly against the background of general legal doctrines and discusses its operation in the context of its wider economic function. Although focusing on English law, considerable use is made of illuminating US, Canadian, and Australian examples as well. Part One examines the different types of banks and banking organizations operating in the United Kingdom and reviews the new regulatory regime for banking under the Financial Services and Markets Act 2000. Part Two analyses the banker and customer relationship, explaining the different types of accounts available, the duties and trustee liability of banks, and the latest processes used in the clearance of ch...
The Law and Practice of Documentary Letters of Credit
Letters of credit have retained their role as an instrumentality for the financing of foreign trade. An understanding of the law and practice in point is imperative for lawyers advising business people and bank clients, as well as for the banking and trading communities. The book examines the topic on the basis of the common law system, primarily UK law, and adopts an approach that is analytical and not merely descriptive. Letter of credit transactions are, by their nature, international and most nations have adopted the Uniform Customs and Practices ("UCP") originally promulgated by the International Chamber of Commerce (ICC) in 1933 and updated from time to time. Today, the UCP constitutes a code of internationally accepted rules governing letter of credit transactions. The authors have therefore selectively incorporated some comparative discussion, for instance, of the position in the USA and Europe. The book will be an essential work of reference for commercial lawyers in all the major financial centres of Europe, America and Asia.
The Law of Security and Title-Based Financing
Personal property security is an important subject in commercial practice, as it is the key to much of the law of banking and sale. This second edition has been fully updated and expanded to cover all important issues and changes within this highly complex area of law. It explains traditional methods of securing debts (such as mortgages, charges, and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties, and how the security is enforced if the debt is not paid. The new edition includes an expanded section on priorities in which it explains how 'priority' disp...
Letters of Credit and Demand Guarantees: Defences to Payment
This book is the first to provide an extensive analysis of the range of defences to payment under letters of credit and demand guarantees. It considers the extent to which different defences undermine the abstraction of these instruments. This is a fundamental issue, since letters of credit and demand guarantees are designed to be abstract, or autonomous, from the underlying contract that called for their use. The purpose of that abstraction is to provide certainty of payment, but the various defences diminish that certainty. The book examines the spectrum of defences that are frequently litigated and debated in international practice: fraud in the documents, nullity, fraud affecting deferre...
Principles of Lender Liability
This comprehensive book begins with a consideration of the nature of the general banker-customer relationship, the obligations it poses and the issues relating to the commencement of the banking relationship. It provides individuals and companies with valuable guidance when assessing the risks in their relationship with banks, and vice versa. The following chapters allow all parties to consider carefully the central issues and underlying general principles that might arise by addressing the various activities undertaken by a lender. The duty of confidentiality, lenders as fiduciaries, the lender's duty to advise borrowers on the imprudence of transactions as well as fraud, and banks as const...
The Legal and Regulatory Aspects of Islamic Banking
During the last ten years the Islamic banking sector has grown rapidly, at an international level, as well as in individual jurisdictions including the UK. Islamic finance differs quite substantially from conventional banking, using very different mechanisms, and operating according to a different theory as it is based on Islamic law. Yet at the same time it is always subject to the law of the particular financial market in which it operates. This book takes a much-needed and comprehensive look at the legal and regulatory aspects which affect Islamic finance law, and examines the current UK and international banking regulatory frameworks which impact on this sector. The book examines the his...
Can Banks Still Keep a Secret?
An insight into bank secrecy in major jurisdictions, complemented by chapters on privacy, data protection, conflict of laws and exchange of information.
