Akintola, K. orcid.org/0000-0003-4475-1941 (2021) Pro-commerce outlooks: the bane of English corporate insolvency law? Insolvency Intelligence, 34 (1). pp. 6-9. ISSN 0950-2645
Abstract
Examines, with reference to case law, the pro-commerce approach of UK insolvency law regarding the competing rights of stakeholders, highlighting its benefits and whether it risks damaging the "creative destruction" role of insolvency proceedings. Reviews the development of the anti-deprivation rule in Belmont Park Investments Pty Ltd v BNY Corporate Trustee Services Ltd (SC), and the extension of temporary restraints on winding-up petitions.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2021 Sweet & Maxwell. This is an author-produced version of a paper subsequently published in Insolvency Intelligence. Uploaded in accordance with the publisher's self-archiving policy. This version is distributed under the terms of the Creative Commons Attribution-NonCommercial Licence (http://creativecommons.org/licenses/by-nc/4.0/). You may not use the material for commercial purposes. |
Keywords: | Anti-deprivation principle; Commercial policy; Corporate insolvency; Winding-up petitions |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 23 Sep 2022 16:01 |
Last Modified: | 27 Sep 2022 12:02 |
Status: | Published |
Publisher: | Sweet & Maxwell |
Refereed: | Yes |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:191226 |
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Filename: Pro Commerce Outlooks in English Insolvency Law - KOA.pdf
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