LAW40615: INTRODUCTION TO CORPORATE INSOLVENCY LAW

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• To provide an introduction to corporate insolvency law, with particular reference to the corporate insolvency laws of the United Kingdom.

• This module will introduce students to the basic objectives and benchmarks of corporate insolvency law, dealing with corporate failure and insolvency as well as the area of corporate rescue. The module will examine procedures such as the priority rules, administration, liquidation and company arrangements. The role of insolvency practitioners and the effect of insolvency upon shareholders, creditors, directors and employees will also be considered.

Subject-specific Knowledge:

• Students will gain a thorough knowledge of relevant common law rules relating to insolvency, the provisions of the Insolvency Act 1986, relevant provisions of the Companies Act 2006, and the Financial Services and Markets Act 2000;
• Students will understand how to deal with requests by foreign insolvency practitioners to obtain control over assets located in the United Kingdom;
• Students will be able to explain insolvency law problems facing corporations incorporated in the United Kingdom.

Subject-specific Skills:

• Analyse and evaluate relevant common law rules and the provisions of the Insolvency Act 1986 and relevant provisions of the Companies Act 2006 and the Financial Services and Markets Act 2000 and apply these to particular problem situations
• Demonstrate a capacity to deal with problem-solving relating to insolvency law problems facing corporations incorporated in the United Kingdom
• Identify relevant insolvency law principles and procedures;
• Deal with requests by foreign insolvency practitioners to obtain control over assets located in the United Kingdom.

Key Skills:

• A systematic understanding of knowledge, and a critical awareness of current problems and/or new insights, much of which is at, or informed by, the forefront of their academic discipline, field of study, or area of professional practice;
• A comprehensive understanding of techniques applicable to their own research or advanced scholarship;
• Originality in the application of knowledge, together with a practical understanding of how established techniques of research and enquiry are used to create and interpret knowledge in the discipline;
• Conceptual understanding that enables the student: to evaluate critically current research and advanced scholarship in the discipline; and to evaluate methodologies and develop critiques of them, and, where appropriate, to propose new hypotheses.

• The teaching will be based on Socratic seminars supported by substantial but targeted reading assignments before each seminar session. The readings are selected from both established doctrinal sources as well as cutting-edge scholarship in the area. The seminars will work from a basic level of doctrinal knowledge and build on that foundation into discussions of more difficult and controversial issues within the sub-discipline. This will encourage students to learn the material and develop the ability to discuss it and understand where each aspect of the reading fits in with the relevant debates.
• The elements of assessment support the aims of the teaching methods. The essay will assess the extent to which students have developed an overall grasp of the subject matter and issues, and can discuss challenging problems emerging in the sub-discipline. It will also assess the ability of the students not only to analyse the subject material, but to perform research in the sub-discipline, and present a structured, articulate argument on the subject. The formative essay will assist in preparation for the summative essay.

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