Since the collapse of Lehman in 2008, Europe has been in the grip of a financial crisis, with economies suffering from weak growth and overindebtedness. Banks, countries and corporates are undertaking financial restructuring. This half module will focus on corporate debt restructuring, a rapidly developing area of law and business. It will consider how Europe’s distressed companies are restructured.
The outcome of restructuring is of great significance to economies in Europe, the provision of jobs and growth prospects. The UK is the main centre for corporate restructuring in Europe because of the prevalence of English Law in debt documents, and the use of English law court processes, such as schemes of arrangement for corporates across Europe- even those with little business connection to the UK.
A general interest in business and the financial environment across Europe is important for this module. If you have not found the financial crisis interesting, this is not the module for you!
The following titles are reference books that will be referred to during the seminar. Students will not need to have read all titles, but will be given a detailed reading list for each topic at the beginning of term.
(1) Goode, Principles of Corporate Insolvency Law, 4th ed, Sweet & Maxell 2011
(2) Goode, Commercial Law, 4th ed Penguin
(3) P Wood, Principles of International Insolvency, 2nd ed, Sweet & Maxwell 2007
(4) Debt Restructuring, 2010 OUP
(5) The Law and Practice of Restructuring, 2011 OUP
(6) Treitel, The Law of Contract, 13th ed, Sweet & Maxwell 2007
(7) Mortimore, Company Directors: Duties, Liabilities and Remedies, 2008 OUP
(8) Ferran, Principles of Corporate Finance Law, 2008 OUP
(9) B McFarlane, The Structure of Property Law (Hart, 2008)
(10) Gower & Davies, Principles of Modern Company Law, 8th ed, Sweet Maxwell 2008
(11) Cross-Border Insolvency, 2011 Bloomsbury Professional
(12) Look Chan Ho, Cross Border Insolvency, 2009 Global Business Law