This book examines property issues in respect of intermediated
securities under English law, namely title and title conflicts between a true
owner and a purchaser. Intangible book entry securities held with an
intermediary, often commingled with the holding of other clients of the
intermediary, often give rise to uncertainty in property rights in the
securities of an investor under most legal systems, for example, whether
property rights can be established and how title conflicts are dealt with.
The general property law implications of intermediated securities and
responses of national laws and international uniform law are examined.
English property law and trusts law are investigated to identify their
mechanisms of recognising property rights. Title conflicts in respect of
chattels, certificated bearer securities, and certificated registered securities,
are examined to identify the underlying policies and mechanisms. Priority
rules across legal and equitable property rights are reviewed to explore
their application to title conflicts in respect of intermediated securities as
legal and equitable title. Solutions to title conflicts of national laws and
international uniform law are exposed as a basis for seeking a better
solution for English law.