|Assessment Type||Assessment length / details||Proportion|
|Semester Assessment||One assignment of 5,000 words||100%|
|Supplementary Assessment||One assignment of 5,000 words||100%|
On completion of this module, students should be able to:
1. Display a knowledge and understanding of the issues involved both from a legal and commercial perspective.
2. Display a knowledge and understanding of the legal principles associated with corporate insolvency law both in the UK and in selected other countries, in particular, Australia, China, France, Germany and the United States.
3. Critically evaluate the current judicial and legislative approach towards insolvency mechanisms employed to attempt to provide an alternative to the liquidation of insolvent companies.
4. Display an ability to access the relevant literature and materials in this field and how to use them in a critical discussion of the issues covered by this subject.
5. Present critical and well-informed argument regarding the problems of achieving an effective balance between the need to protect creditors while attempting to rescue companies in financial distress.
This module will provide an opportunity to examine key substantive legal issues associated with corporate rescue. The principal areas to be studied in depth include: traditional approaches to corporate insolvency law; what is meant by corporate rescue; the aims and objectives of a corporate rescue regime; a comparative study of corporate rescue schemes in a number of jurisdictions including Australia, China, France, Germany, the United Kingdom and the United States.
The module will enable students to study, from an international perspective, the developing law on corporate rescue. This is a dynamic and growing area as many countries in recent years have introduced insolvency frameworks which provide alternatives to liquidating insolvent companies. This has often been controversial and resulted in some tension between the rights of creditors and the rights of debtor companies. The module will be studied at a postgraduate level through the distance learning format which will increase the availability and opportunity for studying this subject especially for a range of potential students already in employment in relevant areas of law and business. The module deals with important elements of insolvency law which have significance to all engaged in commercial activity.
2. The meaning of the term ¿corporate rescue¿
3. Aims and objectives of corporate rescue regimes.
4. A comparative study of corporate rescue schemes including case studies in the countries mentioned above.
|Skills Type||Skills details|
|Application of Number||N/A|
|Communication||Written communication is developed by the presentation of information and argument in written answers and in a more informal way by the use of Blackboard to encourage communication among students and between students and staff. Oral communication skills are developed at the residential study schools. Only written skills assessed.|
|Improving own Learning and Performance||Distance learning, by its very nature, requires strong individual learning and performance structures and this module further develops key skills in this area.|
|Information Technology||The module is delivered by distance learning which relies heavily on the use of electronic information resources and on-line learning and teaching.|
|Personal Development and Career planning||Independent learning enhances time management skills. Studying the module will also develop an enhanced capacity for critical thought and the ability to work independently.|
|Problem solving||By the examination and discussion of actual and hypothetical case studies.|
|Research skills||Through the detailed study at advanced level of literature, legal material and research findings on the subject.|
|Subject Specific Skills||This module provides students with the opportunity to identify, analyse, evaluate and practise a series of skills with respect to corporate insolvency laws.|
|Team work||Team working skills will be encouraged and developed in group activities and discussions at the residential study schools.|
This module is at CQFW Level 7