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Corporate Restructuring Law in Flux

Corporate Restructuring Law in Flux

Author: Jennifer Payne; Kristin van Zwieten
Publisher: Hart Publishing
ISBN: 9781509978380
Published In: September 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book is the first to analyse recent developments in English corporate restructuring law, exploring questions around the design of domestic restructuring laws and their application in cross-border cases from a range of comparative and theoretical perspectives.

Some chapters focus on an important granular question in the design of domestic restructuring rules, using insights from experiences in other jurisdictions and from theoretical literature to evaluate the new English position. Other chapters consider the changes to English law at a more 'macro' level, drawing on comparative and theoretical insights. A final set of chapters consider thorny questions raised more generally by restructuring law reform efforts over the past decade, both in England and abroad.

By drawing on experiences in other jurisdictions, and insights from theory, the book casts new light on developments in English law, and in this way informs both avenues for future research and future policymaking. These implications are brought out in an introductory chapter that contextualises the analysis that follows, introducing the landmark English reforms, anticipates its key themes, and articulates the implications for policymakers and future research.

1. Introduction

Jennifer Payne (University of Oxford, UK) and Kristin van Zwieten (University of Oxford, UK)

2. Cross-class Cramdown in Medium Sized Restructurings

Riz Mokal (University of Aberdeen, UK), Irit Mevorach (University of Warwick, UK), Stephan Madaus (Martin Luther University Halle-Wittenberg, Germany), Ignacio Tirado (UNIDROIT, Italy)

3. The UK Restructuring Plan in the New European Context

Gabrielle Ruiz (Clifford Chance, UK) and Philip Hertz (Clifford Chance, UK)

4. Unexpired Leases in a Restructuring Procedure

Sarah Paterson (London School of Economics, UK) and Adrian Walters (Chicago-Kent College of Law, USA)

5. Freestanding Moratoria

Natalie Mrockova (University of Oxford, UK)

6. Corporate Restructuring and Directorial Responsibility

Felix Steffek (University of Cambridge, UK)

7. Rules of Priority in Restructuring Procedures

Kristin van Zwieten (University of Oxford, UK) and Sjur Swensen Ellingsaeter (BI Norwegian Business School, Norway)

8. Rights in rem in the Restructuring Context

Edward Janger (Brooklyn Law School, USA)