CEU Electronic Theses and Dissertations, 2025
| Author | Jobarteh, Saikou Lamin |
|---|---|
| Title | Fixed and Floating Charges in England and The Gambia and the Limits of Protection They Provide to Creditors |
| Summary | This thesis presents a comparative legal analysis of fixed and floating charges as instruments of secured credit in England and The Gambia, with a focus on their effectiveness in protecting creditor interests and facilitating access to finance, particularly for small and medium-sized enterprises (SMEs). Anchored in the shared common law heritage of both jurisdictions, the study explores the historical and contemporary legal frameworks governing these security devices, including the Companies Act and Insolvency Act of both jurisdictions, and, notably for The Gambia, the Security Interest in Moveable Property Act (SIMPA) of 2014. Through comprehensive and comparative legal analysis, the thesis examines the creation, registration, perfection, priority, and enforcement of fixed and floating charges. It highlights divergences in implementation and accessibility notably, the underutilization of SIMPA in The Gambia and its limited scope, particularly the exclusion of key financial instruments such as securities and to some extent, intellectual property. These limitations somewhat hinder the development of a strong capital market and constrain credit expansion, particularly for SMEs. The analysis finds that, while English law provides a mature and coherent framework supported by rich case law, The Gambia’s framework, though inspired by international best practices such as the UNCITRAL Model Law and Article 9 of the Uniform Commercial Code of the United States, suffers from legal fragmentation, weak enforcement mechanisms, and limited public awareness. The thesis further examines the insolvency regimes of both jurisdictions and their treatment of secured creditors. The study concludes with targeted reform proposals for The Gambia, including the consolidation of laws, expansion of SIMPA’s scope, and or the development of sector-specific rules for excluded asset types. Drawing lessons from England and other common law jurisdictions, the thesis advocates for a more integrated and accessible secured transactions regime that balances creditor protection with economic growth imperatives. |
| Supervisor | Tajti, Tibor |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2025/jobarteh_saikou.pdf |
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