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  • Pro Commerce Outlooks in English Insolvency Law - KOA

    Rights statement: This is a pre-copyedited, author-produced version of an article accepted for publication in Insolvency Intelligence following peer review. The definitive published version Insolv. Int. 2021, 34(1), 6-9 is available online on Westlaw UK. https://www.sweetandmaxwell.co.uk/terms/journals-access-policy.htm

    Accepted author manuscript, 172 KB, PDF document

    Available under license: CC BY-NC: Creative Commons Attribution-NonCommercial 4.0 International License

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Pro-Commerce Outlooks: The Bane of English Corporate Insolvency Law

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Published
<mark>Journal publication date</mark>31/03/2021
<mark>Journal</mark>Insolvency Intelligence
Issue number1
Volume34
Number of pages4
Pages (from-to)6-9
Publication StatusPublished
<mark>Original language</mark>English

Abstract

This article cursorily examines strands of English corporate insolvency law that highlight an overarching pro-commerce approach in marshalling competing rights of stakeholders in the insolvency matrix as well as in resolving insolvency
proceedings. In particular, it uses case law ( Belmont Park Investment Pty Ltd v BNY Corporate Trustee Services Ltd ) and legislation ( Corporate Insolvency and Governance Act 2020 ) as selected—and decidedly limited—paradigms of this
approach. In so doing, this article suggests that while there is typically a wide benefit to this approach in commercial life, it also has the propensity to disrupt the insolvency polity by introducing elements of subjectivity and, pro tanto, uncertainty. Of more concern, however, is that the approach could also inhibit the "creative-destruction" role that insolvency proceedings ought to play in a well-functioning economy.

Bibliographic note

This is a pre-copyedited, author-produced version of an article accepted for publication in Insolvency Intelligence following peer review. The definitive published version Insolv. Int. 2021, 34(1), 6-9 is available online on Westlaw UK. https://www.sweetandmaxwell.co.uk/terms/journals-access-policy.htm