Law School Module Details |
The information contained in this module specification was correct at the time of publication but may be subject to change, either during the session because of unforeseen circumstances, or following review of the module at the end of the session. Queries about the module should be directed to the member of staff with responsibility for the module. |
Title | CORPORATE INSOLVENCY LAW | ||
Code | LAW373 | ||
Coordinator |
Dr JP Tribe Law J.Tribe@liverpool.ac.uk |
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Year | CATS Level | Semester | CATS Value |
Session 2021-22 | Level 6 FHEQ | First Semester | 15 |
Aims |
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- 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 the law of corporate insolvency. - To encourage and develop analytical thinking, using comprative 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 - 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 arrang ement 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 |
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(LO1) 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. |
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(LO2) 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. |
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(LO3) Assess the circumstances in which those involved in the management of an insolvent business may be disqualified from holding company directorships. |
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(LO4) Demonstrate knowledge and critical understanding of corporate insolvency law principles. |
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(LO5) Demonstrate awareness of the practical implications for individuals of the operation of corporate insolvency law. |
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(LO6) Develop a capacity to work indepedently to solve complex legal problems. |
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(LO7) Use and understand complex statutory material, case law, and academic writing. |
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(LO8) Demonstrate an understanding and appreciation of corporate insolvency as a whole and in discrete topics. |
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(LO9) Research the relevant laws, electronically and on paper so that a familiarity with academic and professional literature is acquired. |
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(LO10) Present an effective argument in writing. |
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(LO11) Understand and appreciate the impact and importance of EU law and domestic laws in the area of corporate insolvency law. |
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(LO12) Demonstrate an understanding of suitable legal reforms from both ecomnomic and social perspectives. |
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(LO13) Demonstrate, orally and in writing, knowledge and critical understanding of corporate insolvency law principles. |
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(S1) Digital scholarship participating in emerging academic, professional and research practices that depend on digital systems |
Syllabus |
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o The Corporate Insolvency Procedures ((1) Administration, (2) Company Voluntary Arrangements (CVAs), (3) Part 26A Schemes and Moratoriums, (4) Liquidation.) |
Teaching and Learning Strategies |
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Teaching Patterns Module Delivery • Brief introduction to the types of insolvency procedure with a discussion board question supported by reading (texts and an article), e.g. (1) Administration, (2) Company Voluntary Arrangements (CVAs), (3) Part 26A Schemes and Moratoriums, (4) Liquidati on. • Introduction to underlying theory with a discussion board question supported by reading (texts and an article); e.g. (5) The Logic and Limits of Bankruptcy Law with Thomas Jackson and Elizabeth Warren. • Introduction to hot topics, e.g. (6) The rescue culture, (7) COVID-19 and insolvency, (8) Directors and Insolvency. Seminars: o First seminar: How the module works and two questions for preparation by students around the different insolvency procedures. o Second seminar: The insolvency procedures : (1) Adm inistration, (2) Company Voluntary Arrangements (CVAs), (3) Part 26A Schemes and Moratoriums, (4) Liquidation. One Discursive Question, One Problem Question. o Third seminar: Underpinning Theory: (5) The Logic and Limits of Bankruptcy Law with Thomas Jackson and Elizabeth Warren. One Discursive Question, One Problem Question. o Fourth seminar: Hot Topics One: (6) The Rescue Culture, One Discursive Question, One Problem Question. o Fifth seminar: Hot Topics Two: (7) COVID-19 and insolvency, One Discursive Question, One Problem Question. o Sixth seminar: Hot Topics Three: (8) Directors and Insolvency, One Discursive Question, One Problem Question. |
Teaching Schedule |
Lectures | Seminars | Tutorials | Lab Practicals | Fieldwork Placement | Other | TOTAL | |
Study Hours |
22 |
12 |
34 | ||||
Timetable (if known) |
120 mins X 1 totaling 22
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90 mins X 1 totaling 4.5
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Private Study | 116 | ||||||
TOTAL HOURS | 150 |
Assessment |
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EXAM | Duration | Timing (Semester) |
% of final mark |
Resit/resubmission opportunity |
Penalty for late submission |
Notes |
CONTINUOUS | Duration | Timing (Semester) |
% of final mark |
Resit/resubmission opportunity |
Penalty for late submission |
Notes |
Seminar Attendance | 5 | |||||
MCQ There is a resit opportunity. Standard UoL penalty applies for late submission. This is an anonymous assessment. Assessment Schedule (When) :This MCQ will be held in week seven of semester | 15 question MCQ | 20 | ||||
Submission of final assessment. Coursework. Choice from either essay style question or problem question (2500 words) | 75 |
Recommended Texts |
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Reading lists are managed at readinglists.liverpool.ac.uk. Click here to access the reading lists for this module. |
Other Staff Teaching on this Module |
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Modules for which this module is a pre-requisite: |
Pre-requisites before taking this module (other modules and/or general educational/academic requirements): |
Co-requisite modules: |
Programme(s) (including Year of Study) to which this module is available on a required basis: |
Programme(s) (including Year of Study) to which this module is available on an optional basis: |
Additional Programme Information |