2018/19 Taught Postgraduate Module Catalogue

LAW5460M Insolvency Law

15 creditsClass Size: 100

Module manager: Dr Zinian Zhang
Email: Z.Zhang2@leeds.ac.uk

Taught: Semester 1 (Sep to Jan) View Timetable

Year running 2018/19

Pre-requisite qualifications

Students must already have taken an appropriate introductory Company Law course, have appropriate professional experience or fullfil the co-requisite module requirement.

Co-requisites

LAW5550M

Corporate Law

This module is approved as an Elective

Module summary

The module will briefly consider the history of insolvency and then explore insolvency in today's world, the meaning of insolvency, consequences that flow from that state and the theory, aims, purposes and principles that underpin the law. Following that, the module will examine the options that are available for insolvents (both individuals and companies), the roles that are played by those who oversee formal insolvent administrations, the position of creditors, what transactions before the advent of insolvency administrations may be reviewed, the investigation of insolvents and their associates (and, in respect of companies, their officers), and what misconduct issues might be considered. The module also provides a basic introduction to international insolvency issues and considers the role of insolvency practitioners.

Objectives

On completion of this module students should be able to:

- explain legal meanings of insolvency, the possible consequences of insolvency, the options available to insolvents and the roles of those administering insolvent administrations (office-holders);
- to identify problems that can occur when people and companies become insolvent: to describe the theory, aims, principles and purposes that underpin insolvency laws
- to explain the reasons for investigations by office-holders of insolvents' affairs and the forms of misconduct by insolvents, their associates and officers that will attract investigation and possible sanction;
-to explain the effect of insolvency on various stakeholders;
-to understand the plight of creditors when insolvency hits and to describe the differences between creditors and their various rights
- evaluate the law in the above areas and critically discuss proposals for reform.

Syllabus

The module will briefly consider the history of insolvency and then explore insolvency in today's world, the meaning of insolvency, consequences that flow from that state and the theory, aims, purposes and principles that underpin the law. Following that, the module will examine the options that are available for insolvents (both individuals and companies), the roles that are played by those who oversee formal insolvent administrations, the position of creditors, what transactions before the advent of insolvency administrations may be reviewed, the investigation of insolvents and their associates (and, in respect of companies, their officers), and what misconduct issues might be considered. The module also provides a basic introduction to international insolvency issues and considers the role of insolvency practitioners.

Teaching methods

Delivery type	Number	Length hours	Student hours
Seminar	10	1.50	15.00
Private study hours			135.00
Total Contact hours			15.00
Total hours (100hr per 10 credits)			150.00

Private study

135 hours are allocated to private study. It is expected this will consist of preparation for seminars, reading and reflection following each teaching session and prepartion for assessments.

Methods of assessment

Coursework

Assessment type	Notes	% of formal assessment
Essay	1 x 3,600 words	90.00
Tutorial Performance	Assessed participation in case studies 2-6	10.00
Total percentage (Assessment Coursework)		100.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated

Reading list

The reading list is available from the Library website

Last updated: 22/03/2019

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