New insolvency publications announced

News has come of the publication of two new texts featuring contributions by members of the Centre for Business and Insolvency Law in partnership law and banking law.

News has come of the publication of two new texts featuring contributions by members of the Centre for Business and Insolvency Law in partnership law and banking law.

The Centre for Business Law and Insolvency, which has an international reputation for specialist research and teaching, is very proud of the achievements of its members and in particular of these new contributions to the literature and scholarship in these insolvency-related fields.

Partnership law

Professor Rebecca Parry and Elspeth Berry, Reader in the Nottingham Law School, have released a book titled The Law of Insolvent Partnerships and Limited Liability Partnerships. While both insolvency law and partnership law are both well-established areas of legal practice in their own right, the connection between the two has only recently been treated in the literature.

The creation in 2000 of Limited Liability Partnerships, a hybrid business vehicle with features of both partnerships and companies, has also added an extra element of complexity to this area of law. As such, this text is timely and unique, being the only text that comprehensively explains and analyses insolvency law as it applies to all types of business partnership available under English law.

In dealing with insolvency, the book, published by Wildy, Simmons and Hill in October 2015, explains the legal framework applicable to all forms of insolvent partnerships. It features detailed discussion of the insolvency mechanisms and procedures available to these business vehicles, ranging from potential rescue procedures, such as compositions and arrangements, voluntary arrangements and administration, to liquidation and receivership.

Also, the subject of analysis are joint bankruptcy, a unique feature of the law of partnerships, as well as the framework for insolvency litigation. Finally, of note for those operating and using partnership structures, the text deals with the risk of disqualification for corporate and insolvency offences.

Banking law

Paula Moffatt, Reader in the Nottingham Law School, has recently co-authored a chapter contribution with Professor Andrew Campbell (Leeds University) to a text on banking law. The work, published with Edward Elgar very recently, is titled Research Handbook on Crisis Management in the Banking Sector.

It contains contributions from over 30 prominent academics, practitioners and regulators from across the globe, providing an in-depth insight into recent changes to banking law and practice. This is an area of law of great topical interest, given the continuing effects of the global financial crisis. Paula and Andrew’s contributions specifically addresses the challenges facing the frameworks for large-scale insolvencies involving financial institutions.

The various chapters in the text discuss the rules that govern a bank insolvency from the perspectives of the various parties that are affected and focuses on the legal and regulatory underpinnings of crisis management in the banking sector. Furthermore, the text takes into account the perspectives of the financial institutions, of their contracting counterparties as well as of the regulatory authorities.

This is particularly significant, given the relatively recent introduction in many jurisdictions of specific insolvency frameworks for banking insolvencies. As such, the application of these rules may be still the subject of uncertainty, an issue that the various contributions also address.

New insolvency publications announced

Published on 11 November 2015
  • Category: Research; Nottingham Law School

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