UCL FACULTY OF LAWS

LLM Programme

The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.


INTERNATIONAL INSOLVENCY LAW (LAWSG150)
Credit value: 15 credits (6 ECTS)
Module Convenor: Professor Ian Fletcher Other Teachers: N/A
Content

Summary:

The module explores the principles which are applied in a case with international dimensions – notably where an insolvent debtor has interests linking it with more than one legal system - to determine which system may exercise jurisdiction in insolvency proceedings concerning the debtor, and which system of law is to be applied substantively to matters arising in the course of the insolvency proceedings. The exploration of international insolvency progresses from the study of the solutions produced at national level, to the development in recent times of international arrangements for dealing with such cases at a regional or global level. The module includes a detailed study of the EU Regulation on Insolvency Proceedings and of the UNCITRAL Model Law on Cross-Border Insolvency.

Syllabus:

  1. Introduction and overview: aims; objectives; principles and theories of international insolvency. Contrasting approaches.
  2. Principles of jurisdiction in international insolvency cases. Winding up of foreign companies by English courts.
  3. Recognition of foreign insolvency proceedings. Judicial control and cooperation at common law and by statute. Anti-suit injunctions in insolvency cases.
  4. The EU Regulation on Insolvency Proceedings: objectives; legal characteristics; scope of application and principal effects. Interpretation by the Court of Justice of the European Union, and by national courts. Revision and reform of the Regulation 2012-2015.
  5. The UNCITRAL Model Law on Cross-Border Insolvency: main features; aims and effects. Examples of Model Law enactment by states including the UK, USA and others.
  6. Conclusions and reflections: what has been accomplished and what challenges lie ahead?

Background Reading (optional):

  • I.F. Fletcher, Insolvency in Private International Law: National and International Approaches, 2nd Edn, (2005) with Supplement (2007): Chapter 1 .
  • Philip R. Wood, Principles of International Insolvency, 2nd Edn. (2007): Chapters 1-3

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment in September.

Delivery and enrolment
Lectures/Seminars: 10 x two-hour seminars
Tutorials: None
Previous module enrolments: Small – less than 15 students
Who may enrol: LLM Students
Prerequisities: None, though some prior knowledge of insolvency law (not necessarily that of the United Kingdom) is advisable.
Barred module combinations: None
Core Module for LLM specialism: International Commercial Law, Corporate Law
Assessment
Final Assessment: 2-hour unseen written examination (with permitted materials)
Practice Assessment: One piece of non-assessed written work, based on past examination questions, will be set over the Christmas vacation. This is optional and does not form part of the course assessment but will enable those who choose to complete the assessment to receive comments and advice based on their work.

This page was last updated on 8 July, 2014

APPLICATION NOTICES

The application process for the 2014-15 academic session, for entry in September 2014, is now closed.

Information regarding applications for September 2015 will be updated on the website in September 2014.

IMPORTANT NOTICE : Updated 28 May 2014

The Home Office issued an update about the acceptance of ETS tests (including TOEFL). They have now confirmed that Higher Education students applying for a Tier 4 visa may use a TOEFL test taken after 17 April, if a Higher Education Institution is willing to use its academic discretion. For those students entering in September 2014, UCL will continue to accept the TOEFL even if it was taken after 17 April. However, if an applicant still needs to book a test then we recommend that they take an alternative test to TOEFL. Those who have already arranged to take a different test following the previous advice from the Home Office, we encourage you to go ahead with taking the alternative test.

The TOEFL test will continue to be accepted for 2014 entrants who have been asked to take an English language qualification as part of their offer condition, and do not need to apply for a visa to study in the UK.