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LX4573: CORPORATE INSOLVENCY LAW (2017-2018)

Last modified: 23 Mar 2017 10:26


Course Overview

This course explores, through seminar discussion, group presentations and the use of an outside speaker, the legal theory and practice relating to selected domestic and international corporate insolvency law issues, currently directors’ duties in the twilight zone, personal liability of directors, disqualification, corporate rescue, the EU Regulation on Insolvency Proceedings and domestic law provisions on international insolvency including the common law, s 426 of the Insolvency Act 1986 and the Cross-Border Insolvency Regulations 2006. Topics may vary according to topicality.

Course Details

Study Type Undergraduate Level 4
Session Second Sub Session Credit Points 30 credits (15 ECTS credits)
Campus Old Aberdeen Sustained Study No
Co-ordinators
  • Mrs Donna McKenzie-Skene

Qualification Prerequisites

  • One of Programme Level 3 or Programme Level 4 or Programme Level 5

What courses & programmes must have been taken before this course?

  • Any Undergraduate Programme (Studied)
  • Legal Studies (Ma Honours) (LX) (Studied)
  • LS2533 Business Law (Passed)

What other courses must be taken with this course?

None.

What courses cannot be taken with this course?

None.

Are there a limited number of places available?

Yes

One or more of these courses have a limited number of places. Priority access will be given to students for whom this course is compulsory. Please refer to the Frequently Asked Questions for more details on this process.


Course Description

Course Aims: The course aims to develop an in-depth of knowledge of a number of aspects of domestic and international corporate insolvency law and to develop the specialist skills specified in the Aims of the Honours LLB Degree. Main Learning Outcomes: Knowledge and Understanding Students will acquire knowledge and understanding of legal theory and practice relating to domestic and international corporate insolvency law issues, in particular:

  • Directors’ duties in the twilight zone
  • Personal liability of directors
  • Disqualification
  • Corporate rescue
  • The EC Regulation on Insolvency Proceedings
  • Domestic law provisions on international insolvency including the common law, s 426 of the Insolvency Act 1986 and the Cross-Border Insolvency Regulations 2006 Subject-Specific Skills and Concepts Students will be able to apply their knowledge to specific legal problems of a complex nature and evaluate various approaches to such problems in the areas studied. In particular, they will be able in the areas studied to:
  • Identify accurately issues which require researching
  • Identify and retrieve up-to-date legal information using paper and electronic sources
  • Use primary and secondary legal sources
  • Act independently in undertaking tasks
  • Undertake independent research and
  • Read and discuss legal materials written in technical and complex language Key Skills (Transferable) Students will be able to:
  • Distinguish the relevant from the irrelevant
  • Recognise and rank issues in terms of relevance and importance
  • Bring together and integrate information and materials from a variety of sources
  • Produce a synthesis of relevant doctrinal and policy issues in relation to a topic
  • Undertake analysis of information in a systematic way
  • Make a critical judgement of the merits of particular arguments and achieve a reasoned choice between alternative solutions
  • Think at a conceptual level
  • Present knowledge and a sustained argument in a way comprehensible to others and adapt this to suit a range of audiences
  • Reflect on their own learning
  • Seek and make use of feedback
  • Communicate effectively orally and in writing
  • Produce word-processed work and present it in an appropriate form
  • Use web-based and other electronic information retrieval systems
  • Work in groups as a participant who contributes effectively to the group's task Content: The course will explore the legal theory and practice relating to selected domestic and international corporate insolvency law issues, in particular: directors' duties in the twilight zone, personal liability of directors, disqualification, corporate rescue, the EC Regulation on Insolvency Proceedings and domestic law provisions on international insolvency including the common law, s 426 of the Insolvency Act 1986 and the Cross-Border Insolvency Regulations 2006.

Further Information & Notes

The course is available to junior and senior honours students for any variant of the LLB. It is also available to junior and senior honours students for the MA in Legal Studies as a 30-credit course with an additional element of assessment.

Degree Programmes for which this Course is Prescribed

None.

Contact Teaching Time

17 hours

This is the total time spent in lectures, tutorials and other class teaching.

Teaching Breakdown


Assessment

1st Attempt: 1 assessed essay (25%) and 1 three-hour written exam (75%).

Resit: No resit is available.

 

Formative Assessment

Draft bibliography for assessed essay, 500 word report on the group presentation.

Feedback

Feedback will be provided on the feedback form within three weeks from the date of submission.

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