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Books
L Roach, Company Law (2nd edn, OUP 2022) chs 22-23. |
Provides a detailed an accessible account of the various rescue procedures and the rules relating to the liquidation of a company. |
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 (37th edn, OUP 2021) 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 (6th edn, OUP 2021) 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. |
JM Wood, ‘Creative Destruction and the Post COVID-19 Economy: A Critique of the (Un)creative Rescue Value Contained Within the Permanent CIGA 2020 Reforms’ [2023] JBL 197 |
Discusses the effectiveness of the rescie reforms introduced by CIGA 2020. |
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. |
House of Commons Library, ‘Corporate Insolvency and Governance Act 2020’ (Commons Library 2021). |
Provides a clear and accessible guide to the reforms introduced by the Corporate Insolvency and Governance Act 2020. |
T Graham, ‘Graham Review into Pre-Pack Administration’ (2014) |
Examines the law relating to pre-pack administrations and makes recommendations for reform. |
Websites
https://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. |
https://www.gov.uk/government/publications/corporate-insolvency-and-governance-bill-2020-factsheets |
Provides a series of factsheets on the reforms introduced by the Corporate Insolvency and Governance Act 2020. |
A report published by the Insolvency Service that evaluates the reforms introduced by the Corporate Insolvency and Governance Act 2020. |