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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

Standard

Pro-Commerce Outlooks: The Bane of English Corporate Insolvency Law. / Akintola, Kayode.
In: Insolvency Intelligence, Vol. 34, No. 1, 31.03.2021, p. 6-9.

Research output: Contribution to Journal/MagazineJournal articlepeer-review

Harvard

Akintola, K 2021, 'Pro-Commerce Outlooks: The Bane of English Corporate Insolvency Law', Insolvency Intelligence, vol. 34, no. 1, pp. 6-9.

APA

Vancouver

Author

Akintola, Kayode. / Pro-Commerce Outlooks : The Bane of English Corporate Insolvency Law. In: Insolvency Intelligence. 2021 ; Vol. 34, No. 1. pp. 6-9.

Bibtex

@article{85b5c6314c834bf3a76a4498b9ae9b37,
title = "Pro-Commerce Outlooks: The Bane of English Corporate Insolvency Law",
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 insolvencyproceedings. 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 thisapproach. 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.",
keywords = "Anti-deprivation principle, Commercial policy, Corporate insolvency, Winding-up petitions",
author = "Kayode Akintola",
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",
year = "2021",
month = mar,
day = "31",
language = "English",
volume = "34",
pages = "6--9",
journal = "Insolvency Intelligence",
issn = "0950-2645",
publisher = "Sweet and Maxwell",
number = "1",

}

RIS

TY - JOUR

T1 - Pro-Commerce Outlooks

T2 - The Bane of English Corporate Insolvency Law

AU - Akintola, Kayode

N1 - 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

PY - 2021/3/31

Y1 - 2021/3/31

N2 - 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 insolvencyproceedings. 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 thisapproach. 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.

AB - 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 insolvencyproceedings. 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 thisapproach. 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.

KW - Anti-deprivation principle

KW - Commercial policy

KW - Corporate insolvency

KW - Winding-up petitions

M3 - Journal article

VL - 34

SP - 6

EP - 9

JO - Insolvency Intelligence

JF - Insolvency Intelligence

SN - 0950-2645

IS - 1

ER -