
doi: 10.2139/ssrn.6247558
<p><span>English insolvency and public law intersect in several ways. The most visible arises when public entities – especially local councils – face financial distress. Unlike other jurisdictions, English law offers no dedicated insolvency regime for local authorities. Instead, councils unable to balance their budgets can issue a section 114 notice, triggering an administrative response aimed at restoring financial balance without, where possible, bailouts or creditor haircuts. We have analysed this issue elsewhere and do not revisit it here.</span></p> <p><span>Our central claim is that public interest objectives should be expressly integrated into the statutory purposes of insolvency procedures, especially where private entities perform public functions. Insolvency is not merely a mechanism for creditor coordination. It is a contested legal space where the state’s role, private law’s reach, and the protection of public goods are constantly negotiated –and where trust must be actively cultivated and sustained.</span></p> <div> <div> </div> </div>
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