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Professor Louise Gullifer's picture

Email

lg421@cam.ac.uk
MA Jurisprudence (Oxford); BCL (Oxford)
Rouse Ball Chair of English Law

CV / Biography

Professor Louise Gullifer QC (Hon) FBA is Rouse Ball Professor of English Law at the University of Cambridge and a fellow of Gonville and Caius College, Cambridge. She is an associate member of 3VB, where she practiced for a number of years, and a Bencher of Gray’s Inn.  

She teaches and writes extensively in all areas of commercial and financial law, especially secured transactions and financial collateral, intermediated securities, set-off and personal property. She is the editor of Goode and Gullifer on Legal Problems of Credit and Security and has co-authored a number of books on commercial law and debt financingHer most recent co-edited volume is Intermediation and Beyond (2019), which considers the advantages and disadvantages of the holding of securities through the intermediated system, and the way forward.  She is currently co-director of a project on digital assets, and is writing and editing a series of books on secured transactions law and reform around the world, of which the volume on Africa will be published in 2019.  She has acted as an expert witness in cases concerning set-off, intermediated securities and insolvency law.

She was the founding director of the Commercial Law Centre at Harris Manchester College and executive director of the Secured Transaction Law Reform Project, as well as the Oxford academic lead of the Cape Town Convention Academic Project. She was the UK delegate to both UNCITRAL (working group VI) during its work on secured transactions, and is one of the UK delegates to the UNIDROIT conferences on the Cape Town Convention.She is co-chair of the Academic Committee of the International Insolvency Institute and a member of the International Academy of Commercial and Consumer Law.

Publications

 

Books

Corporate Finance Law : Principles and Policy (with Jennifer Payne) (eds)) 3rd Edition, forthcoming

Co-Author/s:
Jennifer Payne
Published Forthcoming

Secured Transactions Law Reform in Africa (with Marek Dubovec) (Hart Publishing, 2019)

Co-Author/s:
Marek Dubovec
Publisher:
Hart Publishing
ISBN 13:
9781509913077
Published Nov 2019

Intermedation and beyond (with Jennifer Payne (co-editor) and contributors) (eds) ((Hart Publishing, 2019), 2019)

Co-Author/s:
Jennifer Payne (co-editor) and contributors
Publisher:
(Hart Publishing, 2019)
Published Feb 2019

The Law of Security and Title-based Financing (with Hugh Beale, Michael Bridge, Eva Lomnicka) (eds) (Oxford University Press, 2018) 3rd Edition

Co-Author/s:
Hugh Beale, Michael Bridge, Eva Lomnicka
Publisher:
Oxford University Press
Published Feb 2018

The Law of Personal Property (with Michael Bridge, Kelvin Low, Gerad McMeel) (eds) (Thompson Reuters, 2018) 2nd Edition

Co-Author/s:
Michael Bridge, Kelvin Low, Gerad McMeel
Publisher:
Thompson Reuters
Published Jan 2018

Goode and Gullifer on Legal Problems of Credit and Security (with Roy Goode) (eds) (Thompson Reuters, 2017)

Co-Author/s:
Roy Goode
Publisher:
Thompson Reuters
Published Nov 2017

Secured Transactions Law Reform: Principles, Policies and Practice (with Orkun Akseli (co-editor) and contributors) (eds) (Hart Publishing , 2016)

Co-Author/s:
Orkun Akseli (co-editor) and contributors
Publisher:
Hart Publishing
Published Jan 2016

English and European Perspectives on Contract and Commercial law: Essays in honour of Hugh Beale (with Stefan Vogenauer (co-editor) and contributors) (eds) (Hart Publishing , 2014)

Co-Author/s:
Stefan Vogenauer (co-editor) and contributors
Publisher:
Hart Publishing
Published Jan 2014

Set-off in arbitration and commercial transactions (with Pascal Pichonnaz) (eds) (Hart Publishing, 2014)

Co-Author/s:
Pascal Pichonnaz
Publisher:
Hart Publishing
Published Jan 2014

Intermediated Securities: Legal Problems and Practical Issues (with Jennifer Payne (co-editor) and contributors) (eds) (Hart Publishing, 2010)

Co-Author/s:
Jennifer Payne (co-editor) and contributors
Publisher:
Hart Publishing
Published Jan 2010

Current Issues in European Financial and Insolvency Law (with Philippe Thery and Wolf-Georg Ringe (co-editors) and contributors) (eds) (Hart Publishing , 2009)

Co-Author/s:
Philippe Thery and Wolf-Georg Ringe (co-editors) and contributors
Publisher:
Hart Publishing
Published Jan 2009

Articles

"How final is final? Settlement finality, blockchains and DLT" (2020) 1 Journal of International Banking and Financial Law 8

Co-Author/s:
R Hay
Citation:
(2020) 1 Journal of International Banking and Financial Law 8
Published: Jan 2020

"'A comparison of the position of buyers under the Cape Town Convention, the three existing Protocols and the draft MAC Protocol"

Published: Forthcoming

"Crypto-claimants and Bitcoin Bankruptcy: Challenges for Recognition and Realisation" (2019) 28 International Insolvency Review 233

Co-Author/s:
J Sarra
Citation:
(2019) 28 International Insolvency Review 233
Published: Aug 2019

"Sales’ on Retention of Title terms: is the English law analysis broken?" (2017) 133 Law Quarterly Review 244

Citation:
(2017) 133 Law Quarterly Review 244
Published: Dec 2017

"'A global tug of war: a topography of micro-business financing" (2017) Law and Contemporary Problems 109

Co-Author/s:
I Tirado
Citation:
(2017) Law and Contemporary Problems 109
Published: Dec 2017

"'Financing Micro-businesses and the UNCITRAL Model Law on Secured Transactions" (2017) Uniform Law Review 642

Co-Author/s:
I Tirado
Citation:
(2017) Uniform Law Review 642
Published: Nov 2017

"'A Case for Interfering with Freedom of Contract? An Empirically-Informed Study of Bans on Assignment'" [2016] Journal of Business Law 203

Co-Author/s:
H Beale, S Paterson
Citation:
[2016] Journal of Business Law 203
Published: Jul 2016

"'Ban on Assignment Clauses: Views from the Coalface" (2015) 30 Butterworths Journal of International Banking and Financial Law 463

Co-Author/s:
H Beale, S Paterson
Citation:
(2015) 30 Butterworths Journal of International Banking and Financial Law 463
Published: Nov 2015

"'Should clauses prohibiting assignment be overridden by statute?" (2015) 4 Penn State Journal of Law and International Affairs 47

Citation:
(2015) 4 Penn State Journal of Law and International Affairs 47
Published: May 2015

"'The interpretation of retention of title clauses: Wilson v Holt generates some difficulties." (2014) Lloyds Maritime and Commercial Law Quarterly 564

Citation:
(2014) Lloyds Maritime and Commercial Law Quarterly 564
Published: Sep 2014

"Bills of Sale: Ripe for Reform?" (2013) 11 Butterworths Journal of International Banking and Financial Law 685

Co-Author/s:
S Hurst
Citation:
(2013) 11 Butterworths Journal of International Banking and Financial Law 685
Published: Jun 2013

"The reform of the English law of secured transactions" (2012) 213 Droit et patrimoine (Kluwer) 72

Citation:
(2012) 213 Droit et patrimoine (Kluwer) 72
Published: Sep 2012

"What should we do about Financial Collateral?" (2012) 65 Current Legal Problems 377

Citation:
(2012) 65 Current Legal Problems 377
Published: May 2012

"'Personal Property Security Law: Where Next? Parts 1 and 2" (2012) Butterworths Journal of International Banking and Financial Law 465 and 541

Citation:
(2012) Butterworths Journal of International Banking and Financial Law 465 and 541
Published: Apr 2012

"The Australian PPS reforms: what will the new system look like?" (2010) 4 Law and Financial Markets Review 394

Co-Author/s:
V Barns-Graham
Citation:
(2010) 4 Law and Financial Markets Review 394
Published: May 2010

"'The reforms of the Enterprise Act 2002 and the Floating Charge as a security device" (2008) 46 Canadian Business Law Journal 399

Citation:
(2008) 46 Canadian Business Law Journal 399
Published: Apr 2008

"'The Law Commission’s Proposals: a critique" (2004) 15 European Business Law Review 81

Citation:
(2004) 15 European Business Law Review 81
Published: Jan 2004

"Will the Law Commission Sink the Floating Charge?" (2003) Lloyds Maritime and Commercial Law Quarterly 125

Citation:
(2003) Lloyds Maritime and Commercial Law Quarterly 125
Published: Mar 2003

"'Constructive possession after the Sale of Goods (Amendment) Act 1995 " 1999) Lloyds Maritime and Commercial Law Quarterly 93

Citation:
1999) Lloyds Maritime and Commercial Law Quarterly 93
Published: Jan 1999

Book Chapters

"'National Report for England " (with H Anderson and C Cook), Treatment of Contracts in Insolvency (Oxford University Press , 2020)

Publisher:
Oxford University Press
Published Jan 2020

"The Vanishing Scope of the Sale of Goods Act 1979 in the Twenty-first Century", The World of Maritime and Commercial Law: Essays in Honour of Francis Rose (Hart Publishing ), forthcoming

Publisher:
Hart Publishing
Published Forthcoming

"The boundaries of a borrower’s freedom to act: negative covenants in loan agreements", The Contents of Commercial Contracts: Terms Affecting Freedoms ), forthcoming

Published Forthcoming

"The Financing of Micro-businesses in the United Kingdom: The Current Position and the Way Forward", The Future of Commercial Law: Ways Forward for Change and Reform (Hart Publishing), forthcoming

Publisher:
Hart Publishing
Published Forthcoming

"Two consequences of the intermediated holding of debt securities: examining discharge of debt and set-off ", Intermediation and beyond (Hart Publishing, 2019)

Publisher:
Hart Publishing
Published Jan 2019

"Secured Transactions" (with M Raczynska), McKnight, Paterson and Zakrzewski on the Law of International Finance (Oxford University Press, 2017)

Publisher:
Oxford University Press
Published Apr 2017

"The Reform of the English Law of Secured Transactions", McKnight, Paterson and Zakrzewski on the Law of International Finance , 2017)

Published Feb 2017

"Flawed Assets", Commercial Remedies: Resolving Controversies (Cambridge University Press, 2017)

Publisher:
Cambridge University Press
Published Feb 2017

"'Should Clauses Prohibiting Assignment be Overridden by Statute?", Secured Transactions Law Reform: Principles, Policies and Practice (Hart Publishing, 2016)

Publisher:
Hart Publishing
Published Jun 2016

"'The English Law of Personal Property Security: Under-reformed?" (with M Raczynska), Secured Transactions Law Reform: Principles, Policies and Practice (Hart Publishing, 2016)

Publisher:
Hart Publishing
Published Jun 2016

"'National Report for England" (with H Anderson and C Cook), Ranking and Priority of Creditors (Oxford University Press , 2016)

Publisher:
Oxford University Press
Published May 2016

"'Piecemeal reform: is it the answer?", Secured Lending in Commercial Transactions (Elgar Publishing , 2015)

Publisher:
Elgar Publishing
Published May 2015

"Compulsory Central Clearing of OTC Derivatives: The Changing Face of the Provision of Collateral ", English and European Perspectives in Contract and Commercial Law (Hart Publishing, 2014)

Publisher:
Hart Publishing
Published Mar 2014

"'Exceptions to the Nemo Dat Rule in Relation to Goods and The Law Commission's Proposals", Personal Property Security Law Reform in the UK (Routledge Cavendish, 2009)

Publisher:
Routledge Cavendish
Published Jan 2009

"'Protection of Investors in Intermediated Securities", Rationality in Company Law (Hart Publishing, 2009)

Publisher:
Hart Publishing
Published Jan 2009

"'Retention of title clauses: a question of balance", Contract Terms (Oxford University Press , 2007)

Publisher:
Oxford University Press
Published Jan 2007

"'The Characterisation of Fixed and Floating Charges" (with J Payne), Company Charges Spectrum and Beyond , 2007)

Published Jan 2007

"'Quasi-security interests: functionalism and the incidents of security", Issues in International Commercial Law (Ashgate Publishing, 2005)

Publisher:
Ashgate Publishing
Published Jan 2005

"'Agreed Remedies", Commercial Remedies: Current Issues and Problems (Oxford University Press , 2003)

Publisher:
Oxford University Press
Published Jan 2003

Book Reviews

'Review of Australian Personal Property Securities Law, Antony Duggan and David Brown (2014) 29 Butterworths Journal of International Banking and Financial Law

Published May 2014

'Review of Intermediated Securities: the Impact of the Geneva Securities Convention and the Future European Legislation (2014) 51 Common Market Law Review

Published Jan 2014

Atiyah’s Sale of Goods (9th ed.) [1996] LMCLQ 298

Published May 1996

Case Notes

'The Cosslett Saga: Implications for the law of security over personal property (2002) 20 Companies and Securities Law Journal 177

Published: Jan 2002

One Cause After Another (2001) 117 Law Quarterly Review 403

Published: Jul 2001

Idiosyncratic buyers: who takes the risk? (1997) 16 Tr. Law 29

Published: Jan 1997

Recovery of misappropriated assets: orthodoxy re-established? [1995] LMCLQ 446

Published: Jan 1996