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Goode on Principles of Corporate Insolvency Law by Sir Roy Goode of the University of Oxford is a leading textbook on UK Corporate Insolvency Law.Since its 5th edition, it has been edited by Professor Kristin van Zwieten, the Clifford Chance Professor of Law and Finance at the University of Oxford. [1]
The two key principles suggested by Cork were: Insolvency laws were treated by the trading community as an instrument in the process of debt recovery and constitute in many cases, the sanction of last resort for the enforcement of obligations; Insolvency laws were the means by which the demands of commercial morality can be met, through the investigation and the disciplinary measures and ...
The modern history of corporate insolvency law in the UK began with the first companies legislation in 1844. [6] However, many principles of insolvency are rooted in bankruptcy laws that trace back to ancient times.
The anti-deprivation rule (also known as fraud upon the bankruptcy law) is a principle applied by the courts in common law jurisdictions (other than the United States) [a] in which, according to Mellish LJ in Re Jeavons, ex parte Mackay, [1] "a person cannot make it a part of his contract that, in the event of bankruptcy, he is then to get some additional advantage which prevents the property ...
van Zwieten's scholarship focuses on corporate finance and corporate insolvency law. She is the editor of several texts on English and European cross-border corporate insolvency law. She has been editor of Goode on Principles of Corporate Insolvency Law since its fifth edition in 2018.
The primary rule of private international law which seems to me applicable to this case is the principle of (modified) universalism, which has been the golden thread running through English cross-border insolvency law since the 18th century. That principle requires that English courts should, so far as is consistent with justice and UK public ...
Cash-flow insolvency involves a lack of liquidity to pay debts as they fall due. Balance sheet insolvency involves having negative net assets—where liabilities exceed assets. Insolvency is not a synonym for bankruptcy, which is a determination of insolvency made by a court of law with resulting legal orders intended to resolve the insolvency.
Provisional liquidation is a process which exists as part of the corporate insolvency laws of a number of common law jurisdictions whereby after the lodging of a petition for the winding-up of a company by the court, but before the court hears and determines the petition, the court may appoint a liquidator on a "provisional" basis. [1]