ABSTRACT
Introduction Canadian lawyers have followed with much interest, and some puzzlement, the 35 years’ efforts to reform English chattel security law. The efforts began in 1971 with the publication of the Crowther Report2 and were resumed with the publication of the Diamond Report in 1989.3 The Halliday Report,4 although primarily concerned with the Scottish position, gave the issues some renewed exposure. However, a major new thrust emerged with the publication of the Law Commission’s Consultation Paper No. 164 in 20025 followed by the Commission’s Consultative Report of 20046 and, finally, their Final Report, which was published in August 2005.7
The critical question now is whether a British government will ever accept the Law Commission’s recommendations and the case for fundamental reform of chattel security law based on the type of Personal Property Security Acts (PPSAs) seen in Canada and elsewhere, all of which are ultimately based on Article 9 of the US Uniform Commercial Code (UCC). If it is difficult for an English lawyer to provide an informed answer to this question, it is even more hazardous for an overseas observer. For the time being it appears as if the reform question has been shelved but it is reasonable to assume that it will recur. However, predictions over the future course
1 I am grateful for research assistance in the preparation of this chapter from a number of former University of Toronto students and, in particular, Carlin McGoogan and Scott Ollivierri. Except as otherwise indicated, this chapter describes the Canadian position as of May 2007.
