Working Papers

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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...

 

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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....

 

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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...

 

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Priority as Pathology: The Pari Passu Myth, ExpressO (2006)

This paper aims to analyse the pari passu principle of insolvency law (which provides that...

 

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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...

 

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Administrative Receivership and Administration - An Analysis, ExpressO (2006)

This paper argues that the Enterprise Act 2002 has changed the way those dealing with...

 

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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...

 

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On Fairness and Efficiency, ExpressO (2006)

What is the relationship between fairness, efficiency, accountability, and expertise? What role, if any at...

 

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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...

 

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The Floating Charge – An Elegy, ExpressO (2006)

This paper argues that the usual way of conflating floating with fixed charges as small...

 

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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...

 

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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,...

 

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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...