This module aims to provide students with a comprehensive understanding of the principles of cross-border insolvency and the main theoretical approaches to the topic including territorialism and universalism.
This module aims to equip students with the knowledge to understand how a complicated cross-border insolvency of an international company is undertaken in England and Wales and other jurisdictions. A number of cross-border approaches are critically examined including common law, statutory, and international solutions.
The module aims to give students the ability to weigh up the different approaches to dealing with corporate insolvency in private international law.
The module will encourage students to think critically about the law and policy of insolvency in private international law.
The module will stimulate the students’ academic interest in a challenging and exciting area of the law. In terms of wider aims, the module aspires to equip students wi th the the ability to engage in current academic and policy debates surrounding insolvency in private international law.
The module will encourage students to engage in critical thinking and engagement in legal, policy and reform debates. This will enable participants to engage in wider reform debates in international and national governmental and quasi-governmental organisations and with relevant insolvency professional bodies. Through this work the module will contribute to society by giving the students the knowledge and skills to engage in these policy debates.
The module will also support a wider agenda for research in the area of insolvency in private international law.

(LO1) Students will be able to critically evaluate insolvency in private international law.

(LO2) Students will develop a critical understanding of the main theories (universalism and territorialism) in private international law which are offered to insolvent companies.

(LO3) Students will develop a critical understanding of the legal complexities caused by cross-border insolvency.

(LO4) Students will develop a critical understanding of the fundamental characteristics of English and Welsh approaches to insolvency in private international law.

(LO5) Students will develop a critical understanding of the underlying principles of insolvency in private international law.

(S1) 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.

(S2) Academic writing (including referencing) skills – students will develop this specific communication skill through writing the coursework.

(S3) 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.

(S4) 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.

(S5) Critical thinking, problem-solving and critical analysis skills – students will be provided with materials and questions that will not only inform them about the operation of insolvency in private international law. This will help students develop critical thinking skills.

Module content may change slightly year-to-year. Indicatively, topics include:
•The Golden Thread: Cross-border insolvency in historical perspective – Solomons v. Ross (1764) I H.Bl.131, note.
•Rival Theories in Insolvency in Private International Law: Universalism, Territorialism, Co-operative Territorialism, Modified Universalism.
•Statutory Responses: s.426 Insolvency 1986.
•European Responses: European Council Regulation (EC) No.1346/2000 of 29 May 2000 on insolvency proceedings (OJ 2000 L160, p.1)
•International Responses: Cross-Border Insolvency Regulations 2006 (SI 2006/1030) giving effect to the UNCITRAL Model Law
•English and Welsh Responses in Recent Times: Common law approaches to cross-border insolvency
•Is Rubin Retrograde?
•Australian Trends in Cross-Border Insolvency
•Future Developments and Trends

Teaching Method 1: Seminar

Scheduled Directed Student Hours: 11 x 2 Hours (22 hours)

Unscheduled Directed Student Hours: None.

Description: Interactive seminars based on a reading and question list communicated to students before the seminar in light of the module syllabus

Description: This includes time spent preparing for seminars and completing assessment tasks, alongside independent research.
Attendance Recorded: Yes

Self-Directed Learning Hours: 178 hours