1. It is not intended to address security interests in land, which is a separate area with its own special characteristics; nor will rights of set-off and netting be addressed, which the author believes, in principle, should remain as they are at general law (though some clarification of the rules of insolvency set-off would be desirable).
2. Which should be contrasted with the charge by way of legal mortgage in land law.
3. Note, however, the different position concerning an unpaid seller of goods under ss 41–43 of the Sale of Goods Act 1979.
4. North Western Bank v Poynter[1895] AC 56 andLloyds Bank Ltd v Bank of America National Trust & Savings Association[1938] 2 KB 147.
5. EgWrightson v McArthur[1921] 2 KB 807.