Global Insolvency and Bankruptcy Practice for Sustainable Economic Development
How an economy handles financial and business distress has a major impact on confidence in business, the availability of investment, the cost of credit, and economic growth. The financial crisis of 2007-2008 and its aftermath was a catalyst to legal refor
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Global Insolvency and Bankruptcy Practice for Sustainable Economic Development Vol 2, International Best Practice Edited by
Tarek M. Hajjiri Director of Legal Policy, United Arab Emirates and
Adrian Cohen Partner, Clifford Chance LLP, UK
© Dubai Economic Council 2016 Softcover reprint of the hardcover 1st edition 2016 978-1-137-56174-9 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No portion of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, Saffron House, 6–10 Kirby Street, London EC1N 8TS. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The authors have asserted their rights to be identified as the authors of this work in accordance with the Copyright, Designs and Patents Act 1988. First published 2016 by PALGRAVE MACMILLAN Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited, registered in England, company number 785998, of Houndmills, Basingstoke, Hampshire RG21 6XS. Palgrave Macmillan in the US is a division of St Martin’s Press LLC, 175 Fifth Avenue, New York, NY 10010. Palgrave Macmillan is the global academic imprint of the above companies and has companies and representatives throughout the world. Palgrave® and Macmillan® are registered trademarks in the United States, the United Kingdom, Europe and other countries. ISBN 978-1-349-56191-9 ISBN 978-1-137-56175-6 (eBook) DOI 10.1007/978-1-137-56175-6
This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. Logging, pulping and manufacturing processes are expected to conform to the environmental regulations of the country of origin. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Names: Hajjiri, Tarek M., author. | Cohen, Adrian, (lawyer), author. Title: Global insolvency and bankruptcy practice for sustainable economic development : international best practice / Tarek M. Hajjiri, Director of Legal Policy, United Arab Emirates, Adrian Cohen, Partner, Clifford Chance LLP, UK. Description: New York, NY : Palgrave Macmillan, 2015. | Includes bibliographical references and index. Subjects: LCSH: Bankruptcy. | Sustainable development – Law and legislation | Economic development. Classification: LCC K1375 .H34 2015 | DDC 346.07/8—dc23 LC record available at http://lccn.loc.gov/2015023523
Contents Preface
vi
Notes on Contributors
ix
1
Overview of Corporate Restructuring and Insolvency Law and Practice in England and Wales Adrian Cohen and Gabrielle Ruiz
1
2 Role of Insolvency Practitioners in Restructuring and Bankruptcy in the UK Helen Smithson
49
3 Maximizing Enterprise Value and Minimizing “Hold Up Value”: Reorga
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