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Broken Companies or Broken System? Charting the English Insolvency Valuation Framework in Search for Fairness

Vaccari, Eugenio (2020) 'Broken Companies or Broken System? Charting the English Insolvency Valuation Framework in Search for Fairness.' Journal of International Banking Law and Regulation, 35 (4). 135 - 147. ISSN 0267-937X

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Abstract

This paper adopts a normative approach to investigate measurement of value in English insolvency and bankruptcy cases. The valuation techniques are assessed against a revised communitarian, fairness-oriented framework based on a modified version of Rawls, Finch and Radin’s social justice concepts of fairness. This paper explains the need for a revised communitarian, fairness-oriented framework to measure value in insolvency. Finally, it investigates if regulatory reforms are needed to improve fair measurement of value in insolvency and bankruptcy procedures.

Item Type: Article
Uncontrolled Keywords: fairness, social justice, valuation, insolvency, England and Wales
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 24 Jun 2020 08:21
Last Modified: 01 Apr 2021 01:00
URI: http://repository.essex.ac.uk/id/eprint/26302

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