Chapter 9 Further reading

Corporate rescue and liquidation

Books

V Finch, Corporate Insolvency Law: Perspectives and Principles (2nd edn, CUP, Cambridge 2009) chs 6 – 12.

An excellent and well-researched discussion of pro-rescue procedures.

D French, Mayson, French & Ryan on Company Law (36th edn, OUP 2019) ch 20

A clear and up-to-date discussion of company insolvencies and the liquidation process. Also discusses the various rescue procedures.

B Hannigan, Company Law (5th edn, OUP 2018) ch 24

Discusses the liquidation and dissolution of the company.

 

Journal articles

C Cook, ‘Wrongful Trading – Is It a Real Threat to Directors or a Paper Tiger?’ (1999) 3 Insolv L 99.

F Didcote, ‘Controlling the Abuse of Limited Liability: The Effectiveness of the Wrongful Trading Provision’ (2008) 19 ICCLR 373.

Both of these articles provide a clear account of the wrongful trading provisions and discuss their effectiveness. Both articles argue that the wrongful trading provisions are weak and are in need of reform.

V Finch, ‘Corporate Rescue in a World of Debt’ [2008] JBL 756.

Discusses how the ‘credit-crunch’ has affected the rescue culture.

S Frisby, ‘In Search of a Rescue Regime: The Enterprise Act 2002’ (2004) 67 MLR 247.

Discusses the reforms to insolvency law introduced by the Enterprise Act 2002.

M Schillig, ‘“Deepening Insolvency” – Liability for Wrongful Trading in the United States’ (2009) 30 Co Law 298.

Compares the wrongful trading provisions with the US doctrine of ‘deepening insolvency’.

CKY Wong, ‘Are the Avoidance Provisions of the Insolvency Act 1986 in Need of Reform?’ (2017) 38 Co Law 353

Discusses whether the avoidance provisions in the IA 1986 achieve their functions and whether they should be reformed.

JM Wood, ‘The Objectives of Administration’ (2015) 36 Co Law 1.

Discusses whether administration should focus on company or business rescue.

 

Reports

‘Report of the Review Committee on Insolvency Law and Practice’ (Cmnd 8558, June 1982).

The Cork Report, which led to the enactment of the Insolvency Acts of 1985 and 1986.

Insolvency Service, ‘A Review of the Corporate Insolvency Framework’ (Insolvency Service, 2016)

A consultation document that examines options for the reform of the UK’s insolvency regime.

BEIS, ‘Insolvency and Corporate Governance’ (BEIS 2018).

BEIS, ‘Insolvency and Corporate Governance: Government Response’ (BEIS 2018)

Discusses several proposals relating to improving governance in companies experiencing financial difficulties.

T Graham, ‘Graham Review into Pre-Pack Administration’ (2014)

Examines the law relating to pre-pack administrations and makes recommendations for reform.

 

Websites

www.gov.uk/government/organisations/insolvency-service

The website of the Insolvency Service. Provides a wealth of information and statistics relating to insolvency and insolvency procedures.

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