Much has been written on the subject of reservation of title in the sale of goods. McCormack’s Reservation of Title and Wheeler’s Reservation of Title Clauses: Impact and Implications both make significant contributions to that body of literature. But they are very different books. McCormack’s provides a straightforward account of the law and the problems associated with drafting an effective reservation of title clause; Wheeler’s is an empirical study of over 250 reservation of title claims arising out of some 15 insolvencies and is very much a socio-legal study of the subject.

McCormack has provided practitioners with a well-constructed and workmanlike book which analyses most aspects of the law relating to reservation of title. There are chapters on the passing of property, tracing and admixture of goods, incorporation of Romalpa clauses, registration of company charges, insolvency and Romalpa clauses, priorities, and so on. On the whole, the book is written in a clear style, but occasionally the author slips in a few tortuous expressions (e.g., “The burden of their perception is that … “). Readers should note that the book was published in 1990, your reviewer having been a trifle slow with this review! This is important to bear in mind for two reasons. First, McCormack discusses registration of company charges in the context of the regime which was to be introduced by the Companies Act 1989, Part IV. Part IV has never been brought into force, and is unlikely that it ever will be in its present form. Secondly, recent reservation of title cases lead to the inevitable conclusion that any clause which purports to reserve title to products or proceeds of sale, whether of the goods as originally supplied or their products, will be classified as a charge and held void if unregistered (see, e.g., Compaq Computer Ltd. v. Abercorn Group Ltd. [1991] B.C.C. 484; Modelboard Ltd. v. Outer Box Ltd. [1993] B.C.L.C. 623; Ian Chisholme Textiles Ltd. v. Griffiths [1994] B.C.C. 96). This trend against reservation of title clauses has led one commentator to go so far as to claim that “the Romalpa notion is effectively dead and buried” (John de Lacy (1991) 54 M.L.R. 736, 738). That said, it should still be remembered that it remains possible to reserve title to the goods supplied so long as they retain their identity and the buyer has not yet