Working Papers
At the Intersection of Property and Insolvency: The Insolvent Company's Encumbered Assets, Singapore Academy of Law Journal (2008)
This is the working paper for an invited article published in (2008) 20(2) Singapore Academy...
What Liquidation Does for Secured Creditors, and What it Does for You (2007)
A core objective of collective insolvency regimes is to preserve value in the insolvent estate....
Contractarianism, Contractualism, and the Law of Corporate Insolvency, ExpressO (2006)
What is the appropriate way of theorising about corporate bankruptcy law? That lies, argues this...
Priority as Pathology: The Pari Passu Myth, ExpressO (2006)
This paper aims to analyse the pari passu principle of insolvency law (which provides that...
The Search for Someone to Save: A Defensive Case for the Priority of Secured Credit, ExpressO (2006)
The priority of secured credit has repeatedly and famously been attacked for allowing the exploitation...
Administrative Receivership and Administration - An Analysis, ExpressO (2006)
This paper argues that the Enterprise Act 2002 has changed the way those dealing with...
Charges over Chattels – Issues in the Fixed/Floating Jurisprudence (with Stephen Atherton), ExpressO (2006)
Much of the recent debate as to the criteria which determine whether a charge is...
On Fairness and Efficiency, ExpressO (2006)
What is the relationship between fairness, efficiency, accountability, and expertise? What role, if any at...
The Authentic Consent Model: Contractarianism, Creditors' Bargain, and Corporate Liquidation, ExpressO (2006)
The first part of this article asks if the Creditors’ Bargain Model, long employed by...
The Floating Charge – An Elegy, ExpressO (2006)
This paper argues that the usual way of conflating floating with fixed charges as small...
The Valuation of Distressed Companies - A Conceptual Framework (with Michael Crystal QC), ExpressO (2006)
It is often crucial to ascertain the value of a distressed company. Those interested in...
Liquidation Expenses and Floating Charges - The Separate Funds Fallacy, ExpressO (2006)
In the context of the decision by the House of Lords in Buchler v. Talbot,...
An Agency Cost Analysis of the Wrongful Trading Provisions: Redistribution, Perverse Incentives, and the Creditors’ Bargain (2000)
This paper argues that the UK's wrongful trading provisions, enshrined in section 214 of the...