“This book is very well written: Johnston's treatment of each issue is detailed, meticulous and insightful. It is an impressive body of work, well presented, and clearly articulated. It tackles complex areas comprehensively and in a very accessible style. For practitioners, the book also indicates acceptable market practice in particular areas, an invaluable resource from an author with such considerable experience. It is a very valuable contribution to this field and should greatly benefit researchers, practitioners and students of banking law.” – Joe McGrath, University College Dublin,
Irish Jurist, Vol LXV
“Legal practitioners, bankers, students and indeed anyone with anything to do with banking would be well advised to buy this comprehensive work even if it involves straining the banker customer relationship ...I have no doubt that much of the professional advice that will be given in the future will be grounded, with justification, on information gleaned from this work.” – Hugh O'Neill SC,
Commercial Law Practitioner, review of 1st edition of Banking and Security Law in Ireland
“Mr Johnston ... has the skill of making the complicated if not exactly simple, at least readily comprehensible. As a practising solicitor, Mr Johnston deals comprehensively with topics which a practitioner is likely to encounter.
In the maze of fine distinctions Mr Johnston points out the way to what are the appropriate principles and undoubtedly will help many practitioners to advise a bank of the prudent steps to take to ensure that all security is enforceable or as the case may be to advise subsequently a borrower or guarantor that all relevant precautions were not to be taken so as to render the security unenforceable.
Any lawyer needs to understand and be at ease with the principles of law relating to banking and security in order to apply those principles to the changing circumstances. This book which is written in clear and concise prose makes the task considerably less onerous.” – John McBratney SC,
Bar Review, review of 1st edition of Banking and Security Law in Ireland
“This book is a follow-up to the first edition, published in 1998. The changes in the area in the intervening period have been monumental. These changes have resulted from a vast array of case law that occurred after the 2008 financial crisis, but also as a result of legislative change.
The two most significant reforming pieces of legislation in this area are the Land and Conveyancing Law Reform Act 2009, which repealed and replaced the ancient legislation underpinning all mortgages and charges, and the Companies Act 2014, which brought about many fundamental changes to company law. Perhaps most relevantly for practitioners in the area of banking and security law, major changes were introduced by the 2014 act in areas such as guarantees, examinerships, insolvency, and areas of security.
This book deals with all of these developments in a very comprehensive manner, handling its subject matter very well – and it is an engaging read. It is interspersed with case law and commentary, with incredibly extensive coverage of the areas of loan agreements, guarantees and security over land, moveables, debts, bank accounts, and shares. Floating charges and registration of company security are also dealt with very comprehensively (and practically). A most welcome addition is the inclusion of a chapter on 'Demand and appointment of a receiver'. This chapter sets out recent issues in respect of which there has been extensive litigation in recent years, including the wording of letters of demand.
This book should be regarded as an invaluable addition to the knowledge in this area, and it will be of immense assistance to practitioners operating in this rapidly evolving area of law. The publication of the second edition is timely, given the fact that many lenders are currently reviewing security following the COVID crisis.
In the coming months, it is expected that these security reviews will, unfortunately, result in enforcement of security. This book will be a great resource for legal practitioners and others working in the areas of banking and security.” –
Sinead McNamara, Fitzgerald Legal
“This book should be regarded as an invaluable addition to the knowledge in this area, and it will be of immense assistance to practitioners operating in this rapidly evolving area of law.” –
The Law Society Gazette