Led by Frederick Pollock Simulacrum
About this course
How companies raise debt finance and how creditors protect their position. Frederick Pollock Simulacrum covers debentures, the distinction between fixed and floating charges (Re Yorkshire Woolcombers through to Re Spectrum Plus), charge registration under Part 25 CA 2006, and retention of title clauses (the Romalpa clause). The scenario exercise advises on borrowing methods from both company and creditor perspectives.
Part of the Company and Partnership Practice series, built to the CILEX Level 6 Unit 16 specification (2026).
Led by Frederick Pollock Simulacrum
The question
How does a company borrow, and how does a creditor protect its position? This module covers debentures, fixed and floating charges (with the case-law development from Yorkshire Woolcombers to Spectrum Plus), the registration process under Part 25 CA 2006, charge priority, avoidance of floating charges in liquidation (s245 IA 1986), and retention of title clauses (Romalpa). The closing exercise requires advice on borrowing methods.
Outcome
The student can distinguish fixed and floating charges, trace the key case law, explain retention of title, and advise on the most appropriate borrowing method for a given scenario. (Company borrowing)
Sub-units