Andrew J M Steven, PLEDGE AND LIEN Edinburgh: Edinburgh Legal Educational Trust, Studies in Scots Law vol 2, 2008. xxx + 303 pp. ISBN 9780955633218. £30.
| DOI | 10.3366/E1364980909001620 |
| Date | 01 May 2009 |
| Pages | 355-356 |
| Author | D L Carey Miller |
| Published date | 01 May 2009 |
Dr Andrew Steven's
Pledge is dealt with in the initial eight chapters with lien covered in the subsequent ten. In respect of each topic there are initial introductory and historical chapters. The continuity factor in the development of both subjects makes historical perspective indispensable to proper understanding. The difference between the unitary device of pledge and the wider concept of lien is reflected in different treatments with, roughly, one third of the text on pledge and two thirds on lien.
Despite – or, indeed, perhaps because of – the extended continuity of development from Civilian roots, pledge is a security device which raises many issues. In what is the most comprehensive modern treatment available, the author deals with points of difficulty with commendable economy and clarity. Treatment of the important practical question whether the creditor can retain the subject as security for subsequent debts is illustrative, reflecting the book's characteristically skilful treatment of matters not open to purely descriptive account. Bringing to bear the full range of authority, judicial and juridical, the author distinguishes pledge constituted for a specific advance and an open-ended pledge in which a state of continuing possession may be taken to imply “that any further advances are made because of that possession”. The conclusion here is arrived at in large measure on the basis of Bell. This emphasis shows another feature of Dr Steven's work: while the treatment is quite strongly comparative, domestic sources are given priority. The balance between primary sources, authoritative or persuasive, and comparative material, enhancing understanding and critical perspective, is carefully maintained. This makes the book a versatile tool with potential valuable utility to both practice and teaching (the reviewer's honours...
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