The Persistent and Pernicious Abuse of Insolvency Law: What’s Next after Virgin Atlantic?

Image by skeeze Dr. Eugenio Vaccari, Lecturer in Law, University of Essex England is no stranger to strategic or – at times – abusive use of insolvency provisions. In the early 2000s, a mechanism frequently used by debtors to retain the control of distressed companies at the expense of their creditors was pre-packaged administration. Following … Continue reading The Persistent and Pernicious Abuse of Insolvency Law: What’s Next after Virgin Atlantic?

The Crown Preference is Law (Again): Spinning the Clock Back to Early-2000s?

Image by Steve Buissinne Dr. Eugenio Vaccari, Lecturer in Law, University of Essex The Pari Passu Principle In corporate insolvency procedures, not all creditors are alike. This is despite the pari passu principle. The pari passu principle is often said to be a fundamental rule of any corporate insolvency law system. It holds that, when … Continue reading The Crown Preference is Law (Again): Spinning the Clock Back to Early-2000s?

The New Corporate Insolvency and Governance Act 2020 – An Extraordinary Act for Extraordinary Times? A Quick Look at the Act’s Time-Restricted Measures

Image by Elliot Alderson Dr. Eugenio Vaccari, Lecturer in Law, University of Essex I. The Corporate Insolvency and Governance Act 2020 On 25 June 2020, the Corporate Insolvency and Governance Act 2020 (‘the Act’) completed its progress in the Parliament and received Royal Assent. The Act has unanimously been hailed by the insolvency community as … Continue reading The New Corporate Insolvency and Governance Act 2020 – An Extraordinary Act for Extraordinary Times? A Quick Look at the Act’s Time-Restricted Measures

The New Corporate Insolvency and Governance Act 2020 – An Extraordinary Act for Extraordinary Times? A Quick Look at the Act’s Long-Term Statutory Reforms

Image by Markus Winkler Dr. Eugenio Vaccari, Lecturer in Law, University of Essex I. The Corporate Insolvency and Governance Act 2020 On 25 June 2020, the Corporate Insolvency and Governance Act 2020 (‘the Act’) completed its progress in the Parliament and received Royal Assent. The Act has unanimously been hailed by the insolvency community as … Continue reading The New Corporate Insolvency and Governance Act 2020 – An Extraordinary Act for Extraordinary Times? A Quick Look at the Act’s Long-Term Statutory Reforms

Is (More) Fairness Needed in the English Insolvency Framework?

Image by Sasin Tipchai Dr. Eugenio Vaccari, Lecturer in Law, University of Essex recently published an article in the Journal of International Banking Law and Regulation (Volume 35, Issue 4, pp. 135-147). The publication, titled ‘Broken companies or broken system? Charting the English insolvency valuation framework in search for fairness’, adopts a normative approach to … Continue reading Is (More) Fairness Needed in the English Insolvency Framework?

Corporate Social Responsibility as Obligated Internalisation of Social Costs

Dr Onyeka Osuji, Reader in Law at the University of Essex, recently co-authored a paper on 'Corporate Social Responsibility as Obligated Internalisation of Social Costs' together with A Johnston, K Amaeshi, and E Adegbite. The authors propose that corporations should be subject to a legal obligation to identify and internalise their social costs or negative externalities. … Continue reading Corporate Social Responsibility as Obligated Internalisation of Social Costs

The Responsibility of Corporations under International Law: Essex Academic Presents at the Urban Morgan Institute for Human Rights

Dr. Tara Van Ho, Lecturer in Law at the University of Essex, spoke on the responsibility of corporations under international law at the 40th anniversary celebrations of the Urban Morgan Institute for Human Rights at the University of Cincinnati School of Law in the US. Dr. Van Ho, a co-President of the Global Business and … Continue reading The Responsibility of Corporations under International Law: Essex Academic Presents at the Urban Morgan Institute for Human Rights

Hierarchy of Legislated Corporate Social Responsibility, Supply Chains and Assumptions in Mandatory Modern Slavery Disclosure

Dr Onyeka Osuji, Reader in Law at the University of Essex, recently presented his research on mandatory modern slavery disclosure at two international conferences. Disclosure is an emergent regulatory strategy for corporate social responsibility (CSR) in certain jurisdictions despite its original conception as a voluntary management tool. As exemplified by recent anti-modern slavery legislations in some … Continue reading Hierarchy of Legislated Corporate Social Responsibility, Supply Chains and Assumptions in Mandatory Modern Slavery Disclosure

Cross-Border Mergers in the EU: Shareholders’ Derivative Suits Against Corporate Directors

Dr Georgios Zouridakis, Lecturer in Law at the University of Essex, has published a new chapter in the edited collection Cross-Border Mergers: EU Perspectives and National Experiences (Springer 2019). Dr Zouridakis' study shows that shareholders championing corporate interests may face several obstacles following cross-border mergers within the EU, depending on whether the suit is temporally … Continue reading Cross-Border Mergers in the EU: Shareholders’ Derivative Suits Against Corporate Directors