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 2018-19 Level 6 FHEQ Second 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 both 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, administratio n, receivership, company voluntary arrangements, schemes of arrangement 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

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.

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.

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

Demonstrate knowledge and critical understanding of corporate insolvency law principles.

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

Develop a capacity to work indepedently to solve complex legal problems.

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

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

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

Present an effective argument in writing.

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

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

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


Syllabus

  • Introduction to the course/assessment methods.
  • Credit use(misuse)/Insolvency regimes/terminology.
  • Debt in history and early response to debtor treatment.
  • The Rescue Culture.
  • Administration, CVAs and schemes of arrangement
  • Maintaining public confidence in the corporate form.
  • Dealing with delinquent directors in insolvency.
  • Distribution of assets in a liquidation.  

Teaching and Learning Strategies

Lecture - This is a large group two hour lecture providing the main content for the module

Seminars - Three 90 minutes seminars


Teaching Schedule

  Lectures Seminars Tutorials Lab Practicals Fieldwork Placement Other TOTAL
Study Hours           24
This is a large group two hour lecture providing the main content for the module
4.5
Three 90 minutes seminars
28.5
Timetable (if known)              
Private Study 121.5
TOTAL HOURS 150

Assessment

EXAM Duration Timing
(Semester)
% of
final
mark
Resit/resubmission
opportunity
Penalty for late
submission
Notes
Unseen Written Exam  1 hr 45 minutes  Semester 2   75  Yes  Standard UoL penalty applies  Exam 
CONTINUOUS Duration Timing
(Semester)
% of
final
mark
Resit/resubmission
opportunity
Penalty for late
submission
Notes
Practical Assessment  15 question MCQ  This MCQ will be held in week   25  Yes  Standard UoL penalty applies  MCQ Notes (applying to all assessments) The MCQ will have 15 questions which examine the materials covered in the first six weeks of the module, i.e. rescue culture, administration, receivership and pari passu distribution. 

Recommended Texts

Reading lists are managed at readinglists.liverpool.ac.uk. Click here to access the reading lists for this module.
Explanation of Reading List:


Other Staff Teaching on this Module

Dr GH Kelly Law Gerard.Kelly@liverpool.ac.uk

Modules for which this module is a pre-requisite:

 

Pre-requisites before taking this module (other modules and/or general educational/academic requirements):

None 

Co-requisite modules:

 

Programme(s) (including Year of Study) to which this module is available on a required basis:

N/A

Programme(s) (including Year of Study) to which this module is available on an optional basis:

M100, M101, M102, M103, MZ04, M105, M106, M107, M108, Honours select major, minor and joint.

Additional Programme Information