Ms Sarah Paterson NAB6.06

This course is available on the Executive LLM. This course is not available as an outside option.

Available to Executive LLM students only. This course will be offered on the Executive LLM during the four year degree period. The Department of Law will not offer all Executive LLM courses every year, although some of the more popular courses may be offered in each year, or more than once each year. Please note that whilst it is the Department of Law's intention to offer all Executive LLM courses, its ability to do so will depend on the availability of the staff member in question. For more information please refer to the Department of Law website.

This course is concerned with the principles and policies underlying the rescue of financially distressed companies and businesses. The course considers formal legal procedures available for dealing with companies and businesses in financial distress as well as  informal approaches to rescue. Topics include: Introduction: Aims and Objectives. Corporate Rescue Procedures: Informal Rescues. Corporate Rescue Procedures: Formal Procedures.   Comparative Approaches: USA, Chapter 11.  Recognition of Rescue Procedures: EC and International.

24-26 hours of contact time.

All students are expected to produce one 2,000 word formative essay during the course.

A full Reading List will be distributed during the course. The recommended text is V. Finch, Corporate Insolvency Law: Perspectives and Principles (Cambridge University Press, 2009) (2nd edition). Wider background reading will include some comparative law reform and other material including: R. Olivares-Caminal et al, Debt Restructuring (Oxford University Press, 2013) and the ABI Commission to Study Reform of Chapter 11 Final Report

Assessment path 1
Essay (100%, 8000 words).

Assessment path 2
Take home exam (100%).