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AI Overview

"The Law of Insolvency" by Ian F. Fletcher is a comprehensive legal text that provides in-depth coverage of both corporate and personal insolvency, encompassing UK law and international aspects of insolvency. Here is a detailed overview of the book:

Key Themes

  1. Coverage of Insolvency Law:

    • The book covers all aspects of insolvency law, including the different types of insolvency proceedings, the rights and duties of creditors and debtors, and the impact of legislative changes on insolvency practices.

  2. Personal Insolvency:

    • Part One of the book focuses on personal insolvency, covering topics such as bankruptcy law in outline, voluntary procedures, who can be made bankrupt, the bankruptcy petition, and the consequences of a bankruptcy order.

  3. Company Insolvency:

    • Part Two deals with company insolvency, discussing non-liquidation procedures like receivership, alternatives to winding up (such as company voluntary arrangements), and the winding up of insolvent companies.

  4. International Aspects:

    • The book also explores international insolvency, including the enforcement of foreign judgments and the challenges faced by courts in responding to evolving international insolvency issues.

Plot Summary

The book is structured to provide a thorough understanding of insolvency law. It begins with an overview of the nature and incidence of insolvency, followed by an examination of the evolution of the administrative machinery of insolvency law. The text then delves into detailed sections on personal and corporate insolvency, including the procedures, rights, and consequences involved in each.

Critical Reception

  • Practical Utility: The book is highly regarded for its practical utility, serving as a practitioner's first port of call for any question about insolvency law. It provides solutions to the most complex legal problems in this area.
  • Comprehensive Coverage: The fifth edition of the book incorporates all significant legislative changes up to January 2017, including those from the Insolvency Act 2000 and Enterprise Act 2002, as well as updates on the UNCITRAL Model Law on Cross-Border Insolvency.
  • International Perspective: The author's "continental" eye provides a unique perspective on international insolvency issues, including judicial opinions and case studies like McGrath v Ridell and Rubin v. Eurofinance.

Overall, "The Law of Insolvency" by Ian F. Fletcher is a seminal work in the field of insolvency law, offering a comprehensive and practical guide for practitioners dealing with both corporate and personal insolvency cases.