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Director liability in insolvency and its vicinity

Abstract:

Under English law, directors’ duties change in the vicinity of insolvency so as to require enhanced regard for creditors’ interests: that is the rule in West Mercia Safetywear v Dodd. This rule is conventionally analysed as a constraint on directors deploying assets in risky ventures in insolvency. However, a review of the case law shows that the rule performs a very different function: the regulation of payments to creditors in the lead-up to insolvency proceedings. On its own, the rule func...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/ojls/gqy013

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Law Faculty
Oxford college:
Harris Manchester College
Role:
Author
Publisher:
Oxford University Press Publisher's website
Journal:
Oxford Journal of Legal Studies Journal website
Volume:
38
Issue:
2
Pages:
382–409
Publication date:
2018-05-07
Acceptance date:
2018-03-02
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
Source identifiers:
828990
Language:
English
Keywords:
Pubs id:
pubs:828990
UUID:
uuid:45eb143f-b7fb-4f33-b63b-799fb01ebebb
Local pid:
pubs:828990
Deposit date:
2018-03-11

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