Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
• Takes an interdisciplinary approach to provide a critical assessment of the broad effect of corporate insolvency laws • Assesses proposed reforms and anticipates forthcoming legislation • Evaluates the performance of the law and challenges its conceptual underpinnings
Acknowledgements; Table of cases; Table of statutes and other instruments; List of abbreviations; Introduction; Part I. Agendas and Objectives: 1. The roots of corporate insolvency law; 2. Aims, objectives and benchmarks; Part II. The Context of Corporate Insolvency Law: Financial and Institutional: 3. Insolvency and corporate borrowing; 4. Corporate failure; 5. Insolvency practitioners; Part III. The Quest for Turnaround: 6. Rescue; 7. Informal rescue; 8. Receivers and their role; 9. Administration; 10. Company arrangements; 11. Rescuing rescue; Part IV. Gathering and Distributing the Assets: 12. Gathering the assets: the role of liquidation; 13. The pari passu principle: when everyone is equal?; 14. By-passing pari passu; Part V. The Impact of Corporate Insolvency: 15. Directors in troubled times; 16. Employees in distress; Conclusion; Bibliography; Index.
'… this excellent new book by Vanessa Finch … [is] a welcome addition to more procedural texts.' Insolvency Lawyer
'Space does not allow the thorough exposition that this excellent new book by Vanessa Finch deserves. By discussing English corporate insolvency law policy and theory thoroughly in addition to the mechanics of our corporate insolvency system, Finch shows why we must consider insolvency law theory and policy in conjunction with the statutory and case law regime if we are going to develop a coherent insolvency system … Finch's book is a must for those wanting to look further than the substantive provisions of corporate insolvency law.' Insolvency Lawyer
'This book is the product of a prodigious amount of conscientious and dedicated work.' Journal of Corporate Law Studies
'The book is a good resource for insolvency practitioners and company lawyers, insolvency policy makers, and teachers and students in common law jurisdictions … Finch's provocative and comprehensive insolvency text is a welcome addition to the corporate insolvency law literature.' Hong Kong Law Journal