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Principles of Corporate Insolvency Law

Principles of Corporate Insolvency Law
5th Edition
Practice Area:  Insolvency
ISBN:  9780414034488
Published by:  Sweet & Maxwell
Publication Date:  25 Oct 2018
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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PRODUCT DESCRIPTION

The classic text on corporate insolvency law, providing a clear and comprehensive treatment of the fundamental principles underpinning insolvency law, and long relied upon by practitioners and the courts. In this work particular attention is paid to what assets are available for distribution on insolvency, transactions vulnerable to being set aside, and the liability of directors. The core features of liquidation, administration (and administrative receivership), schemes of arrangement and company voluntary arrangements, are identified and explained with reference to practice and underlying policy. This new edition has been thoroughly updated throughout.

Key features

  • Explores the framework and fundamental principles of corporate insolvency law, a knowledge of which is essential to an understanding of this complex field
  • Combines conceptual clarity with a rigorous analysis of the many difficult problems confronting the practitioner
  • Provides a comprehensive and up-to-date coverage of key features of increasingly complex insolvency legislation and a mass of case law
  • Contains a detailed treatment of the recast EU Insolvency Regulation and of the Cross-Border Insolvency Regulations which incorporate the UNCITRAL Model Law

New to this edition

  • Analysis of recent developments in the case law, including the Supreme Court decisions in the Lehman ‘Waterfall I’ proceedings, Akers v Samba Financial Group, Bilta (UK) Ltd v Nazir, Re Nortel GmbH, Rubin v Eurofinance SA, BNY Corporate Trustee Services Ltd v Eurosail, and Belmont Park Investments
  • Expanded treatment of the anti-deprivation and pari passu rules, in light of recent case law
  • Considers changes in the recast European Insolvency Regulation and related recent CJEU case law
  • Coverage of the new Insolvency Rules 2016

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EDITORS & EDITORIAL BOARD

Professor Sir Roy Goode, QC and Dr. Kristin van Zwieten

REVIEWS

“In shaping this work through critique and commentary on the case, Professor van Zwieten carries on the tradition inaugurated by Professor Goode…[h]is assertion that insolvency law has a philosophical foundation with clear objectives that must be accorded due weight clearly informs the way in which Professor van Zwieten has approached the crafting of the work. As a result, this latest edition stands solidly in the line of authority inaugurated by previous editions of this work.

In summary, this is a text that has great merit in presenting insolvency in a lucid and intelligible manner to the reader, while not neglecting the development of this specialised area of the law by subjecting it to rigorous philosophical examination."

Paul J. Omar in J.I.B.L.R. 2019, 34(3), 128-129

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