Full Description
This book provides a crucial examination of UK insolvency and restructuring procedures, evaluating their effectiveness and application to transactions and affairs overseas.
Gerard McCormack explores both inbound and outbound aspects of the law, investigating the extent to which foreign procedures are recognised in the UK, as well as how UK procedures apply to international events. McCormack specifically highlights the limitations of UK legislation overseas, with particular consideration of how UK law does not address the legal frameworks of other jurisdictions.
Key Features:
Extra-territoriality and the UK Insolvency Act
Details the recognition of UK schemes/plans under Hague and Brussels/Lugano jurisdictional regimes
Consideration of the recognition of foreign proceedings under common law, including whether the Gibbs rule in the UK will survive legislative change
Analysis of the consequences of the recognition of foreign procedures under the Cross-Border Insolvency Regulations (CBIR)/Model Law regime
UK Cross-Border Insolvency and Restructuring Law is an essential resource for insolvency practitioners, solicitors and barristers, as well as scholars and academics interested in commercial, corporate, insolvency and private international law.
