In this paper Roman Tomasic and Brendan Pentony attempted to determine the real reasons for takeover litigation through a national series of interviews with those directly involved: lawyers, judges, company executives, regulators and bankers. The results showed that the decision to litigate had...

China's insolvency regime has been in a state of transition for a relatively long period of time, although a new Bankruptcy Law was finally to be passed in 2005. The draft of the Bankruptcy Law of the People's Republic of China (herein after referred to as “Draft Bankruptcy Law”, went to the...

Western economists have argued that the legal environment for the protection of minority shareholders and mechanisms for restricting the expropriation of minority shareholders will be important in determining the size and extent of a country's capital markets. In China, the protection of...

Following the passage of the Banking (Special Provisions) Act 2008, the UK government began a process of consultation to review existing legal powers for the handling of banks and financial institutions that had encountered financial difficulties or were facing insolvency as a result of the...

The collapse of Northern Rock plc in September 2007 as a result of the financial crisis that had its origins in the sub-prime mortgage bubble in the United States focussed attention on the limited nature of governmental powers in the UK to deal with banks in distress or facing insolvency. The...

Government responses to the financial crisis have placed a focus upon corporate governance issues; especially now that government has become a major stakeholder in many UK and other banks that have sought public support. Many have argued that as a significant stakeholder in these companies...

The rescue of Northern Rock PLC by the Bank of England in September 2007 has been a significant event in the history of British banking and in the wider application of corporate rescue ideas. Following the first run on a British bank in over 140 years, the Bank of England stepped in to lend £28...

The passage of the Banking Act 2009 (UK) was a major landmark in the development of legal tools for the handling of banks in financial difficulties in the United Kingdom. The Act has emerged from over a year of economic crisis and from politically charged debates and consultations that followed...

Prior to the establishment of the non-judicial Australian Takeovers Panel in 2001, takeover litigation before the courts rarely led to an appeal to a higher court; for commercial reasons, many cases were settled before a final judicial resolution was reached. Before the introduction of the...

Risk plays a critical role in entrepreneurship and finance. In entrepreneurship there is a direct relationship between risk and reward, whereby it is necessary to incur some risk in order to reap the rewards of entrepreneurship. This is particularly the case in financial markets, where the...