This paper is a follow up study commissioned by the UK Insolvency Practices Council which builds on our earlier study of complaints handling and disciplinary systems in the UK insolvency practitioner profession: see http://ssrn.com/abstract=1094757. For this study we compared the complaints...

When a company becomes subject to winding-up proceedings, it is widely thought to lose beneficial ownership of its property. The property is held, instead, on a 'statutory trust' to discharge the company's liabilities. The attribution of this 'proprietary' effect to the commencement of...

This paper consists in the “Lens of London” documentary which is created by Queen Mary students of Intellectual Property Law under the US jurisdiction. The focus of this paper are the issues such as: what is a performer, who owns the copyright of the work, credit and pre-existing work...

While other countries dismantled their segmented housing finance systems and linked housing finance to capital markets through deregulated depositories, the US linked housing finance to capital markets through depository deregulation and securitization. Elsewhere securitization has not...

This article assesses the operation of the Financial Collateral Arrangements (No.2) Regulations 2003 (FCAR), as amended by the Financial Markets and Insolvency (Settlement Finality and Financial Collateral Arrangements) (Amendment) Regulations 2010. It will be seen that the FCAR has achieved...

This paper addresses a core feature of the debt capital markets in general and securitisation transactions in particular; the creation of debt claims with different ranking and priority (also referred to as “tranching”).The primary purpose of the study is to develop an understanding of the...

Two events are currently changing the landscape for business restructurings in the European Union: the “Restructuring Recommendation” (RR) of the European Commission, issued in 2014, and the 2015 recast of the European Insolvency Regulation (EIR). In this paper, we critically review the RR...

The second (known) PPSA case has been decided. Like Carson, Re Hastie Group Ltd. (No. 3) (Hastie), reported by Phillip Pan and Cameron Mew in their article, “Balancing of Objectives and Interests in an Administration Under PPSA — the Hastie Group Case,” in the September issue, this case...

The Study on Directors’ Duties and Sustainable Corporate Governance (hereinafter ‘The Study’) was published on 30 July 2020 and is accompanied by a Commission Inception Impact Assessment and a consultation deadline of 8 October 2020. This is an add-on to the response given by a group of...

Section 123(1) of the Personal Property Securities Act 2009 (Cth) provides that if a debtor is in default, the secured party may repossess the collateral “by any method permitted by law”. The quoted words incorporate into the statute by reference the common law rules governing the recaption...