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 2023-24 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

(S2) Communication (oral and written) skills – students will be actively encouraged to actively participate in the group discussion in the seminar. This will help them develop oral communication skills. In the final assessment, students will be asked to write a critical essay on a challenging question. This will help students develop written communication skills.

(S3) Academic writing (including referencing) skills – students will develop this specific communication skill through writing the coursework.

(S4) Research skills – students will be asked to do independent research to engage with literature and other resources not directly recommended in the reading lists to prepare for the seminars and to write the coursework. This will help them develop independent research skills.

(S5) Research skills – students will be asked to do independent research to engage with literature and other resources not directly recommended in the reading lists to prepare for the seminars and to write the coursework. This will help them develop independent research skills.

(S6) Improving own learning, performance and reflective practice – for each seminar students will be provided with a set of questions which they will prepare answers for before the seminar. In the seminar, through group discussion, they will find out whether their answer was correct. This will help them develop skills to reflect on their understanding of how the law in question applies to specific problems.


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

This module will be delivered through 11 lectures and three seminars These will be live on campus sessions for both the lectures and the seminars. These will take place in semester one.

Module Delivery
Lectures:
There will be 11 face to face lectures of two hours duration. These will take place at the University.

Seminars:
Seminars will be arranged as 3 x 2 hr sessions. These will take place at the University.


Teaching Schedule

  Lectures Seminars Tutorials Lab Practicals Fieldwork Placement Other TOTAL
Study Hours 22

4.5

        26.5
Timetable (if known)              
Private Study 123.5
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
Submission of final assessment. Coursework. Choice from either essay style question or problem question (3000 words) There is a resit opportunity    95       
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 eight of semeste         

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