Course Code : LAW 410

Course Title : Corporate Insolvency Law

Weekly Teaching Hour: 3-hours lecture per week, 1 (1-hour) tutorial every week

Who may enrol : Compulsory for Year 4 (Senior) LLB. Students

Prerequisites : N/A

Lecturer : To be announced on August 2020

Description : This course aims to;

  • Provide students with an understanding of the legal consequences of the inability of a company to meet its financial obligations and an understanding of the legal response to insolvency. The historical growth of these remedies are explored.
  • To stimulate the academic and practical interest of students in the challenging area of the law of corporate insolvency.
  • To encourage and develop analytical thinking, using comparative study of legal authority where relevant.
  • To enable the creation of effective solutions to (legally and factually) complex problems.
  • To develop an effective argument, soundly based in critical analysis of the law both To develop an effective argument, soundly based in critical analysis of the law both orally and in writing.
  • To develop detailed knowledge of the law in all areas of corporate insolvency law, including, inter alia, liquidation, administration, receivership, company voluntary arrangements, schemes of arrangement and secured lending.
  • To enhance general legal and transferable skills in the context of the subject area of corporate insolvency law.
  • To allow students to carry out independent tasks and research to a high level of aptitude.

Learning Outcomes

  • Critically evaluate the regimes intended to effect the rescue of a business in financial distress and the regimes under which the affairs of a failed business can be wound up.
  • Apply the rules determining which assets of the insolvent business will be available for distribution to creditors and the principles governing the distribution in the solving of problem scenarios.
  • Assess the circumstances in which those involved in the management of an insolvent business may be disqualified from holding company directorships.
  • Demonstrate knowledge and critical understanding of corporate insolvency law principles.
  • Demonstrate awareness of the practical implications for individuals of the operation of corporate insolvency law.
  • Develop a capacity to work independently to solve complex legal problems.
  • Use and understand complex statutory material, case law, and academic writing.
  • Demonstrate an understanding and appreciation of corporate insolvency as a whole and in discrete topics.
  • the relevant laws, electronically and on paper so that a familiarity with academic and professional literature is acquired.
  • Present an effective argument in writing.
  • and appreciate the impact and importance of EU law and domestic laws in the area of corporate insolvency law.
  • Demonstrate an understanding of suitable legal reforms from both ecomnomic and social perspectives.
  • Demonstrate, orally and in writing, knowledge and critical understanding of corporate insolvency law principles.

Recommended Textbook (s) and Supplementary Books :

  1. Corporate Insolvency Law: Perspectives and Principles 3rd Edition , by Vanessa Finch  (Author), David Milman (Author), Cambridge University Press, ISBN-10: 9781107039919, ISBN-13: 978-1107039919
  2. The Framework of Corporate Insolvency Law , by Hamish Anderson (Author), Oxford University Press, ISBN-10: 0198805314, ISBN-13: 978-0198805311
  3. Reading lists and other materials will be provided for students registered on the course via online by lecturer.

Course Assessment:

  • Class Participation 10%,

  • Mid-term Examination 30%,

  • Assignments 10%,

  • Final Examination 50%,

Attendance 95 % compulsory.