Andrew Tettenborn, ‘Security over personalty: property, obligation and specific performance’

“How do you create a consensual equitable charge over personalty? Traditionally the answer comes from Lord Wrenbury’s judgment in Palmer v Carey. There, he refers to the: ‘familiar doctrine of equity that a contract for valuable consideration to transfer or charge a subject matter passes a beneficial interest by way of property in that subject matter if the contract is one of which a Court of equity will decree specific performance’. Despite the occasional doubt, this view is now the established orthodoxy. The suggestion in this article is that it is nevertheless wrong. The true rule is a far simpler one …”

Andrew Tettenborn, ‘Security over personalty: property, obligation and specific performance’ (2022) 138 Law Quarterly Review (Jan) 101-113.

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