Directors and Creditors
Oxford University Press (Verlag)
978-0-19-893277-2 (ISBN)
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This new work explores the evolving challenges faced by directors and creditors in both corporate and insolvency contexts. Structured in five parts, it offers a rigorous yet practical examination of key legal developments and their implications for practice and policy.
The volume opens with a foundational overview of the legal principles that shape the director-creditor relationship, before turning to the landmark Supreme Court decision in BTI 2014 LLC v Sequana SA and others [2022] UKSC 25. This pivotal case has reshaped the legal landscape, influencing how courts and practitioners approach limited liability, wrongful trading, transactional avoidance, and directors' duties—particularly the creditor duty and the definition of insolvency.
Subsequent chapters broaden the scope to address contemporary issues beyond Sequana, many of which are relevant to both solvent and insolvent companies. Topics include fiduciary duties, directors' personal liability, fraudulent and wrongful trading, corporate sustainability, creditor vulnerability, and the growing impact of climate change litigation.
The discussion then extends to a global scale, examining how Sequana has influenced legal thinking across jurisdictions including the EU, Australia, the US, Singapore, Hong Kong, and Canada. With a focus on both common law and civil law systems, the book offers a comparative perspective on global efforts to refine insolvency frameworks and harmonise corporate governance standards.
Combining detailed legal analysis with practical insights, Directors and Creditors: Law and Liability is an essential resource for legal practitioners, academics, and policymakers navigating the complexities of modern corporate and insolvency law.
Dr John M. Wood is Lecturer in Company and Insolvency Law at Lancaster University Law School. He is the author of The Interpretation and Value of Corporate Rescue (Edward Elgar, 2022) and co-editor of Re-examining Insolvency Law and Theory: Perspectives for the 21st Century (Edward Elgar, 2023). His work has appeared in leading journals, including the Journal of Corporate Law Studies, Journal of Business Law, Legal Studies, Northern Ireland Legal Quarterly, and Insolvency Intelligence. John is an academic member of the Insolvency Lawyers' Association and INSOL International. Dr Sofia Ellina is Lecturer in Law at Lancaster University. She is a qualified lawyer in Cyprus and a member of the Cyprus Bar Association. Her research focuses on insolvency and financial law, and has been presented at major conferences and published in peer-reviewed journals such as the Journal of Business Law and Law and Financial Markets Review, as well as in edited volumes by Routledge and INSOL Europe. She has also contributed to the UK Insolvency Service as a Senior Research Associate. Sofia teaches a range of company and commercial law modules, including Company Law and Insolvency Law. Dr John Tribe is Senior Lecturer in Law at the University of Liverpool and an Academic Associate at Exchange Chambers. He specialises in insolvency law and policy. His work has been cited in the UK Parliament, in judgments across common law jurisdictions, and by scholars worldwide. He is joint author of Muir Hunter on Personal Insolvency, described by Lord Millett (2015) as “the leading textbook on personal bankruptcy”. John regularly contributes to policy and reform initiatives with the Insolvency Service and serves on the editorial boards of BPIR, Corporate Rescue and Insolvency, and Mithani: Directors' Disqualification.
| Erscheint lt. Verlag | 19.3.2026 |
|---|---|
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 171 x 246 mm |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Wirtschaftsrecht ► Bank- und Kapitalmarktrecht | |
| Recht / Steuern ► Wirtschaftsrecht ► Gesellschaftsrecht | |
| Wirtschaft ► Betriebswirtschaft / Management ► Finanzierung | |
| ISBN-10 | 0-19-893277-4 / 0198932774 |
| ISBN-13 | 978-0-19-893277-2 / 9780198932772 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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