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
Year CATS Level Semester CATS Value
Session 2021-22 Level 6 FHEQ First Semester 15

Aims

- 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

(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.

(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.

(LO3) Assess the circumstances in which those involved in the management of an insolvent business may be disqualified from holding company directorships.

(LO4) Demonstrate knowledge and critical understanding of corporate insolvency law principles.

(LO5) Demonstrate awareness of the practical implications for individuals of the operation of corporate insolvency law.

(LO6) Develop a capacity to work indepedently to solve complex legal problems.

(LO7) Use and understand complex statutory material, case law, and academic writing.

(LO8) Demonstrate an understanding and appreciation of corporate insolvency as a whole and in discrete topics.

(LO9) Research the relevant laws, electronically and on paper so that a familiarity with academic and professional literature is acquired.

(LO10) Present an effective argument in writing.

(LO11) Understand and appreciate the impact and importance of EU law and domestic laws in the area of corporate insolvency law.

(LO12) Demonstrate an understanding of suitable legal reforms from both ecomnomic and social perspectives.

(LO13) Demonstrate, orally and in writing, knowledge and critical understanding of corporate insolvency law principles.

(S1) Digital scholarship participating in emerging academic, professional and research practices that depend on digital systems


Syllabus

 

o The Corporate Insolvency Procedures ((1) Administration, (2) Company Voluntary Arrangements (CVAs), (3) Part 26A Schemes and Moratoriums, (4) Liquidation.)
o Insolvency Theory - The Logic and Limits of Bankruptcy Law with Thomas Jackson and Elizabeth Warren.
o Insolvency hot topics:
o The Rescue Culture
o COVID-19 and Insolvency
o Directors and Insolvency


Teaching and Learning Strategies

Teaching Patterns
Learning and teaching on this module will be structured in accordance with the principles of Hybrid Active Learning with asynchronous materials and synchronous seminar sessions. Asynchronous recordings provide material previously addressed in physical lectures, suitably broken down (‘chunking’) and augmented (e.g. quizzes etc) so as to enhance student engagement. Synchronous sessions will run on a fortnightly pattern across the semester (i.e. 6 in total) and will each have a duration of 2 hours.

Module Delivery
Lectures:
The face-to-face Lectures are being replaced with recordings, on each topic, that are no more than around 30 minutes (and sometimes shorter). E.g.

• 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.

Additionally, focussed short (10 -15 minute recordings) recordings will be used to place emphasis on key cases or areas (see: https://www.youtube.com/channel/UCYm63HRni2k2rI6W055XUlQ/videos?view=0&sort=dd&shelf_id=1 ). These recordings are supported by discrete questions on discussion board to which I will be able to make a contribution.

Seminars:
Seminars will be arranged as 6 x 2 hr sessions as follows:

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
 
90 mins X 1 totaling 4.5
 
         
Private Study 116
TOTAL HOURS 150

Assessment

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           
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

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

 

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