-
Details
Insolvency Law: Corporate and Personal is written in a detailed yet straightforward way, making it accessible to both practitioners and students.
This comprehensive book explains legislation and discusses cases on all aspects of corporate and personal insolvency, covering each of the procedures available. The text is presented logically under headings, with pointers to more specialised information and additional cases.
This fifth edition:
- Updates the relevant areas of law by considering new provisions and cases and particularly appellate decisions
- Includes new case law on out-of-court administrator appointments which has developed in a demanding context where the Insolvency Rules 2016 meet the Practice Direction: Insolvency Proceedings 2018 and the Electronic Practice Direction
- Provides an examination of the new case law in the context of pre-packs, such as Re VE Interactive which highlight the pitfalls for administrators
- Considers cases such as Brewer v Iqbal which continue to explain and apply the duties owed by an administrator to the company’s creditors generally
- Examines the first and only reported case on directors’ disqualification compensation orders, Re Noble Vintners Ltd.
- Considers the Court of Appeal decision in BTI 2014 LLC v Sequana SA and its effect on directors’ responsibilities to creditors when their company is insolvent
- Provides some discussion of the Corporate Insolvency and Governance Act 2020 and identifies how it affects some critical areas of the law
- Considers the position of Brexit in relation to European insolvencies
- Examines the position of office-holders seeking to compel the examination of witnesses residing outside of the UK
- Discusses the use of change of position as a defence in transactional avoidance cases
-
Introduction
- The Meaning of Insolvency
- Purpose, Principles and Theory
- The Administration of Insolvency Regimes
- Options for Insolvents and the Layout of the Book
Non-Terminal Insolvency
- Receivership
- Administration
- Company Voluntary Arrangements
- Individual Voluntary Arrangements
- Other Types of Arrangements
Provisional Liquidation
Winding Up
- Introduction to Winding Up
- Creditors' to Voluntary Winding Up
- Compulsory Winding Up
- The Aftermath of the Advent of Winding Up
- The Players in a Liquidation
- The Liquidator
- Dissolution
Bankruptcy
- Introduction to Bankruptcy
- Debtor's Petition
- Creditor's Petition
- Effects of Bankruptcy
- The Trustee in Bankruptcy
- Discharge
International Insolvency
- Cross-Border Insolvency
- European Insolvency
Administration of Insolvent Estates
- Investigations and Examinations
- Funding
- Disclaimer
- Distribution of Property in Insolvent Estates
Creditors
- Secured Creditors
- Retention of Title
- Execution Creditors and Landlords
- Preferential Creditors
- Set-Off
- Proving Debts
Swelling the Asset Pool
- General Principles and Concepts
- Transactions at an Undervalue
- Preferences
- Transactions Defrauding Creditors
- Invalidation of Floating Charges
- Extortionate Credit Transactions
- Wrongful Trading
- Fraudulent Trading
- Breach of Directors' Duties
Misconduct
- Misfeasance
- Disqualification of Directors
- Offences
-
Professor Andrew Keay, Professor of Corporate and Commercial Law, University of Leeds
Dr Peter Walton, Reader in Law and LPC Course Director, University of Wolverhampton
-
"clear, concise, readable and uncluttered. The balance between breadth and depth of coverage has been well struck ... a popular foundation work"
The Cambridge Law Journal
"a clear, readable and comprehensive account of the principles of insolvency law ... discusses the subject in appropriate depth and breadth to make it suitable for both practitioners and students"
German-British Chamber of Industry & Commerce
