Louise Gullifer delivers Kwa Geok Choo Distinguished Visitors Lecture at the National University of Singapore

On 25 August 2016, Professor Louise Gullifer delivered the 10th Kwa Geok Choo Distinguished Visitors Lecture at the National University of Singapore Law School.  The lecture was entitled "'Sales' on Retention of Title: Is the English Law Analysis Broken?" 

The lecture considered the current state of English law on retention of title clauses in sales agreements.  Currently, a trade supplier can benefit from a retention of title clause while the supplied goods remain in existence; this provides protection for the supplier against the possibility that the purchaser will not pay.  However, once the supplied goods have been converted into products and proceeds, their value is available as security for other sources of finance.  Thus, the supplier loses their proprietary rights in the goods (and their protection against non-payment).

Professor Gullifer referred to recent English decisions which have raised questions about the proper interpretation of retention of title clauses, the nature of the proprietary interest created by such clauses, and the effect of the Sale of Goods Act 1979.  The lecture went on to consider whether the current approach to trade finance was appropriate, and considered options for reform.

Further information about the lecture is available here.