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Insolvency and Public Law

Authors: Eugenio Vaccari; Yseult Marique;

Insolvency and Public Law

Abstract

<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,&nbsp;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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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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