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Cover Redefining Harmonisation
Redefining Harmonisation
Lessons from EU Insolvency Law
Emilie Ghio

Providing a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States. Offering an in-depth exploration of the concept of harmonisation through the lens of European Insolvency Law, the book will be an insightful read for students and legal scholars interested in EU law and the law-making process.

Restricted access
Monograph Book
Published:
14 Jun 2022
DOI:
https://doi.org/10.4337/9781789903836
Collection:
Law 2022
Cover Corporate Recovery in an Integrated Europe
Corporate Recovery in an Integrated Europe
Harmonisation, Coordination, and Judicial Cooperation
Irene Lynch Fannon, Jennifer Gant, and Aoife Finnerty

Exploring the considerable qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, this book provides a rich analysis of the questions surrounding the contrasting legal traditions and cultures within the European framework.

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Monograph Book
Published:
13 May 2022
DOI:
https://doi.org/10.4337/9781800887862
Collection:
Law 2022
Cover Individual Voluntary Arrangements
Individual Voluntary Arrangements
Law and Practice
Alaric Watson

With individual voluntary arrangements assuming an increasingly dominant position within personal insolvency law over the last 35 years, this timely book presents a concise yet authoritative guide to this formal debt relief mechanism. It analyses the statutory framework and how this has been interpreted and applied by the courts, as well as the policies that guide it.

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Monograph Book
Published:
13 May 2022
DOI:
https://doi.org/10.4337/9781802205237
Collection:
Law 2022
Cover Corporate Governance and Insolvency
Corporate Governance and Insolvency
Accountability and Transparency
Andrew Keay, Peter Walton, and Joseph Curl
This important book provides a comprehensive analysis of governance issues that exist in relation to the management of insolvent companies, both while an insolvent company is still controlled by the directors and when it passes into the hands of an insolvency practitioner in a formal insolvency regime. Throughout, the authors argue that the two most important features of corporate governance are transparency and accountability and offer a detailed analysis of the relevant law and practice.
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Monograph Book
Published:
04 Feb 2022
DOI:
https://doi.org/10.4337/9781788979344
Collection:
Law 2022
Cover The Responsible Shareholder
The Responsible Shareholder
Stephen Bottomley
Examining the role of shareholders in modern companies, this timely book argues that more should be expected of shareholders, both morally and legally. It explores the privileged position of shareholders within the corporate law system and the unique rights and duties awarded to them in contrast to other corporate actors. Introducing the concept of shareholders as responsible agents whose actions and inactions should be judged on that basis, Stephen Bottomley unites a number of distinct corporate governance discussions including stewardship, activism and shareholder liability.
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Monograph Book
Published:
09 Nov 2021
DOI:
https://doi.org/10.4337/9781800373402
Collection:
Law 2021
Cover American Business Bankruptcy
American Business Bankruptcy
A Primer
Stephen J. Lubben
The second edition of the first and only concise introduction to American business insolvency law, this volume provides a succinct overview of American business bankruptcy as it is actually practiced, integrating the law as written and implemented, and now includes coverage of the Small Business Reorganization Act.
Restricted access
Monograph Book
Published:
10 Jun 2021
DOI:
https://doi.org/10.4337/9781800379206
Collection:
Law 2021
Cover Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups
Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups
Ilya Kokorin and Bob Wessels
Cross-border insolvency protocols play a critical role in facilitating the efficient resolution of complex international corporate insolvencies. This book constitutes the first in-depth study of the use of insolvency protocols, enriching existing knowledge about them and serving as a comprehensive introduction to their application in the context of multinational enterprise group insolvency. It traces the rise of insolvency protocols and discusses their legal basis, contents, effects, major characteristics and limitations.
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Monograph Book
Published:
20 Apr 2021
DOI:
https://doi.org/10.4337/9781800880542
Collection:
Law 2021
Cover The European Restructuring Directive
The European Restructuring Directive
Gerard McCormack
This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.
Restricted access
Monograph Book
Published:
20 Apr 2021
DOI:
https://doi.org/10.4337/9781789908817
Collection:
Law 2021
Cover Insolvency Practitioners
Insolvency Practitioners
Appointment, Duties, Powers and Liability
Hugh Sims, Rachel Lai, Neil Levy, Stefan Ramel, Holly Doyle, James Hannant, and Samuel Parsons
This is an indispensable and practical overview of the functions and liabilities of the insolvency practitioner (IP), bringing together the expertise of insolvency practitioners and specialist lawyers. It considers the circumstances in which IPs are appointed, their duties and their powers, before offering a detailed investigation into their potential professional liabilities, as well as in-depth guidance to practitioners and advisers as to how claims might be framed and defended.
Restricted access
Monograph Book
Published:
11 Dec 2020
DOI:
https://doi.org/10.4337/9781788973984
Collection:
Law 2020
Cover Start-up Law
Start-up Law
Edited by Alexandra Andhov
This comprehensive Practical Guide provides direction on the wide array of legal questions and challenges that start-ups face. The Guide features analysis from five jurisdictions that represent a variety of legal traditions across different continents. Expert contributors address key legal issues for technology-based start-ups and entrepreneurs, as well as providing insights into the law and practice of the countries examined.
Open access
Monograph Book
Published:
17 Nov 2020
DOI:
https://doi.org/10.4337/9781839108457
Collection:
Law 2020