Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-x5gtn Total loading time: 0 Render date: 2024-06-04T15:47:41.778Z Has data issue: false hasContentIssue false

Conclusion

Published online by Cambridge University Press:  05 June 2012

Vanessa Finch
Affiliation:
London School of Economics and Political Science
Get access

Summary

In some ways corporate insolvency law has come a long way since the Cork Report. Numerous statutes, court decisions and administrative reforms have sought to develop the law so as to remedy deficiencies and secure newly appreciated needs. On the political front, recent years have seen the UK Government showing a renewed desire to attune insolvency laws to the needs of enterprise while, at the same time, avoiding abuses and injustices. In other ways, however, corporate insolvency law can be seen, to date, as an area marked by missed opportunities and modest achievements. It has, first, failed to develop as an organised, consistent and purposeful body of rules and processes. This has been a legal sector in which Cork's prescriptions were cherry-picked and where, subsequently, particular issues have been dealt with piecemeal by both legislators and judges. Corporate insolvency law has, secondly, been developed without close co-ordination with relevant legal sectors and processes. It has not been linked sufficiently closely with company law – in spite of its relevance to the ongoing needs of healthy companies – nor has it been tied in with an analysis of the arrangements for providing finances for companies that are found in the UK. As was made clear in chapter 3, corporate insolvency law is faced with a pattern of corporate funding that is dictated very largely by the legal frameworks that govern the provision of credit, notably those relating to security and quasi-security.

Type
Chapter
Information
Corporate Insolvency Law
Perspectives and Principles
, pp. 573 - 579
Publisher: Cambridge University Press
Print publication year: 2002

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Conclusion
  • Vanessa Finch, London School of Economics and Political Science
  • Book: Corporate Insolvency Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139164283.018
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Conclusion
  • Vanessa Finch, London School of Economics and Political Science
  • Book: Corporate Insolvency Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139164283.018
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Vanessa Finch, London School of Economics and Political Science
  • Book: Corporate Insolvency Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139164283.018
Available formats
×