RUC Corporate Insolvency & Governance Act Professional Practice Research Project

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Gg2021

Law

Renmin University of China

Description

Paper instructions : Professional Practice Research Report PROFESSIONAL PRACTICE RESEARCH REPORT

Instructions
This document contains fourteen research report titles, from which you should choose one.
For your chosen title, you are required to:
1. Writea3,000wordreportonthetitle;and
2. Writeastatementnotexceeding500wordsreflectingonhowcompletingthe Professional Practice Research Report module has contributed to your learning and development and how the skills you have developed may be applied in your future career; and
3. Prepare a 10-minute presentation of your report (no more than 10 slides) and be prepared to answer questions on the report and presentation.
Please also refer to the PPRR student instructions issued separately.
On submitting this assessment you will be deemed to have completed the following certificate: “I certify that:
 This is my own unaided work and if this statement is untrue I ACKNOWLEDGE that I have cheated.
 The work is original except where indicated by acknowledgement or special reference in the text, and no part of this assessment has been presented by me or anyone else to any University or body for examination either in the United Kingdom or overseas.”
The contents of this assessment are confidential. You must not disclose, discuss or express an opinion on the contents of this assessment or your answer to it to any other person, by any means.
In particular, you should note that you may not consult any member of the University of Law staff or any other person on any aspect of this assessment. If you are in any doubt as to how to interpret any word or phrase in this assessment you should decide for yourself what interpretation to adopt.
By submitting this assessment you are confirming that you are fit to sit, in accordance with the Assessment Regulations.
L1395 Page 1 of 16 © The University of Law Limited 2020-21
Professional Practice Research Report
Assessment Criteria
Your report should meet the following seven assessment criteria, where appropriate:
1. Demonstration of knowledge and understanding of the relevant area
2. Analysis of complex legal, factual, business and/or management issues, as appropriate
3. Application of knowledge and understanding to the task
4. Ability to select and use appropriate information in support of the argument
5. Ability critically to evaluate information as appropriate
6. Ability to reach a clear and reasoned solution to the problem(s) raised in the task, addressing any ethical and commercial issues, as appropriate
7. Ability to communicate using a clear and logical structure and language appropriate to the task
Your oral presentation should demonstrate the following assessment criterion:
7. Ability to communicate using a clear and logical structure and language appropriate to the task.
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Page 2 of 16 © The University of Law Limited 2020-21

Professional Practice Research Report
L1395_1 – Banking and Debt Finance Title
The Corporate Insolvency and Governance Act (‘Act’) came into force on 26 June 2020. As well as temporary measures designed to help businesses survive the upheaval caused by the Covid-19 pandemic, the Act contains changes to UK insolvency law which are intended to be permanent.
The permanent changes are significant and are ‘intended to ensure that the UK’s insolvency regime retains its world-leading position including re-invigorating its rescue culture’.
To what extent will the permanent changes in the Act achieve this aim?
In 1.
2. 3.
4. 5.
preparing your report you need to address the following areas:
By way of background to the permanent changes, the relevant pre-Act UK insolvency law;
The rationale behind the permanent changes;
A critical analysis of the permanent changes and how they compare to other jurisdictions;
Your view on whether the permanent changes will achieve the UK government’s stated objective; and
Your view of the likely effect of the permanent changes on the bank lending market in the UK.
You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report
L1395_2 – Business Title
The Companies (Miscellaneous Reporting) Regulations 2018 (‘the 2018 Regulations’) have introduced new narrative reporting requirements for companies including:
 a requirement for all large companies (whether listed or unlisted) to include a s.172(1) Companies Act 2006 statement in their strategic report;
 a separate requirement for all large companies (whether listed or unlisted) to include information in their directors' report on how the directors have had regard to the need to foster the company's business relationships with suppliers, customers and others;
 a requirement for all companies with more than 250 UK employees to include information in their directors' report on how the directors have engaged with employees;
 a requirement for large unlisted companies to include a statement of their corporate governance arrangements in their directors' report.
How useful do you think that these new measures will be in creating a culture within private companies where the broader implications of decisions are always considered?
In preparing your report you need to address the following areas:
1. The historic basis and development of the law relating to directors’ duties, in particular s172 Companies Act 2006;
2. A review of the literature to assess the rationale for the introduction of the 2018 Regulations;
3. A review of the literature to assess the likely impact of the 2018 Regulations on large private limited companies;
4. Do you think that the 2018 Regulations impose an unnecessary burden on private companies, or do the 2018 Regulations not go far enough?
You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report
L1395_3 – Civil Litigation Title
The growth in the use of “smart contracts” has so far been achieved within a jurisprudential vacuum. There is very little case law, legislation or regulation which addresses the legal implications of this rapidly developing technology. The lack of certainty has raised issues both in terms of enforcement of smart contracts and as to whether or not this area should be regulated.
Critically evaluate this statement. Formulate any reasoned proposals for how, in your view, the law could be improved
In preparing your report you need to address the following areas:
1. The legal status of smart contracts;
2. Can smart contracts be treated as legally binding contracts under English law?
3. The key characteristics of a cryptoasset
4. What type of property is a cryptoasset?
5. Issues of regulation, and
6. Areas for reform.
You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report
L1395_4 – Commercial Law Title
In 2018, the European Commission announced a review of the Vertical Restraints Block Exemption (Regulation (EU) No 330/2010) and its Guidelines on Vertical Restraints (OJ 2010/C 130/01). It has since carried out a consultation, and a draft of a revised block exemption is expected shortly.
Responses to the consultation suggested that the Block Exemption and Guidelines needed to be revised, in particular to take account of developments in online selling. Prepare a report discussing whether you think this is necessary, and why.
In preparing your report you need to address the following areas:
1. The function of block exemptions in relation to Article 101 of the Treaty on the Functioning of the European Union.
2. The ‘hardcore restrictions’ in the current Vertical Restraints Block Exemption, in particular in relation to (i) restrictions on the territories into which and customer groups to which a distributor may sell goods or services (article 4(b)), and (ii) selective distribution systems (articles 4(c) and (d)).
3. The paragraphs in the Guidelines on Vertical Restraints dealing with internet selling and selective distribution.
4. A review of the literature on the competition law issues which are being encountered in relation to online selling.
5. Decisions by the European Commission and the Court of Justice of the European Union on the application of Article 101 to online sales.
6. The reasons why the parts of the Vertical Restraints Block Exemption and the Guidelines referred to above may need to be revised in order to take account of developments in online selling.
You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report
L1395_5 – Personal Injury Title
‘The number of whiplash claims has been too high for too long and is symptomatic of a wider compensation culture’ (Former Justice Secretary David Gauke, March 2018).
The Civil Liability Act 2018 (part of a number of legislative provisions to curb costs in civil litigation) came about partially as a result of a desire to combat the ‘compensation culture’ that was believed to be growing in relation to certain types of personal injury claims. One of the main aspects of the Civil Liability Act 2018, limiting whiplash compensation, has now been pushed back to April 2021 as a result of the impact of the coronavirus pandemic. As have the changes to the law extending the small claims court limit.
1. Discuss the historical background of the issues referred to in the quote that the Civil Liability Act 2018 is designed to remedy.
2. Explain the changes the Civil Liability Act 2018, referred to above, will bring about and discuss the impact of these proposals on the relevant personal injury claims. Also, explain the changes to the small claims court limit.
3. Consider how the proposed changes to both areas of law will potentially hamper access to justice.
4. Examine the consequences that the relevant provisions of the Civil Liability Act 2018 and changes to the Civil Procedure Rules will have on solicitors practising in personal injury law.
5. Consider practical proposals that these solicitors should consider in order to survive the impact of the changes on their business. What additional considerations/problems might these give rise to?
You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report L1395_6 – Criminal Litigation Title
“The rule against the admission of hearsay evidence is fundamental. It is not the best evidence and it is not delivered on oath. The truthfulness and accuracy of the person whose words are spoken to by another witness cannot be tested by cross-examination, and the light which his demeanour would throw on his testimony is lost. Nevertheless, the rule admits of certain carefully safeguarded and limited exceptions,...” per Lord Normand in R v Teper [1952] A.C. 480
The Criminal Justice Act 2003 and resulting case law on the admissibility of hearsay evidence made some significant changes to the hearsay rule. To some it suggests that the risks associated with hearsay evidence have been ignored along with marginalising the defendant’s right to a fair trial.
You are required to present an advice to a group of Crown Prosecution Service trainee solicitors (known as Associate Prosecutors) on the impact of the 2003 Act on the admissibility of hearsay evidence and whether it has ignored the risks traditionally associated with hearsay evidence and marginalised the defendant’s right to a fair trial.
In preparing your report you need to address the following areas:
1. The historic basis and rationale for the law on hearsay, including the traditional risks associated with hearsay evidence and the rational for exercising caution.
2. The current law on the admissibility of hearsay evidence in criminal trials including what the present safeguards are.
3. A review of the literature and the cases which have gone before the Court of Appeal, the Supreme Court and the European Court of Human Rights and the difference in approach taken by these courts in relation to the sole and decisive test and the resulting tension this has caused.
4. A consideration of the extent to which the risks associated with hearsay evidence along with the defendant’s right to a fair trial have been ignored by the 2003 Act and the courts.
5. Your advice to Associate Prosecutors on what approach they should adopt when using hearsay evidence, with particular reference to using absent witness statements at trial.
6. Your own proposals for reform of this area of law, including the rationale.
You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report
L1395_7 – Employment Law Title
“People on the margins need to know whether they are employees, workers or
neither.” Rebecca Long Bailey, Hansard Volume 651, 17th December 2018.
Discuss the extent to which recent developments in the law relating to employment status have impacted upon the distinction between employee and worker and evaluate the advantages and disadvantages of making further changes.
The protections afforded to people in the workplace differ depending on the status they hold, notably “employee”, “worker” or “self-employed”.
However establishing the correct employment status for an individual is becoming increasingly complex as ways of working change. The growth of the gig economy and the reluctance of many businesses to employ staff on the traditional “employee” basis has meant that the volume of litigation in this area is increasing.
In preparing your report you need to address the following areas:
1. A brief summary of the current position in relation to employment status, including recent legislative developments.
2. A discussion of the conclusions of the courts in recent case law regarding employment status.
3. A discussion of the options for reform, including the 2017 Taylor Review and the Government’s responses to it.
4. Your conclusions and views over the current distinction between employee and worker and as to what further reforms, if any, would be beneficial.
You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report
L1395_8 – Family Law Title
To what extent does the current law on surrogacy in England and Wales protect the interests of the child involved, the surrogate mother and the intended parents? Critically evaluate whether the law in this area should be reformed. Formulate any reasoned proposals for how, in your view, the law could be improved.
In preparing your report you need to address the following areas:
1. The development of the law regarding surrogacy.
2. The current law on surrogacy.
3. A review of the literature to assess the pros and cons of the current system and proposals for reform.
4. Your proposals and rationale for any further reform.
You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report
L1395_9 – Immigration Law Title
Discuss how section 8 of The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 affects a decision maker’s approach to the credibility of an asylum seeker.
Consider what arguments immigration practitioners can make on behalf of their clients applying for asylum when one or more of the provisions of section 8 of The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 are relied on by a decision maker.
In your opinion, should section 8 of The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 be repealed or amended and why?
In preparing your report you need to address the following areas:
1. The purpose of and justification for section 8 of The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
2. How section 8 of The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 affects a decision maker’s approach to the credibility of an asylum seeker.
3. The arguments immigration practitioners can make on behalf of their clients applying for asylum when section 8 of The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 is relied on by a decision maker.
4. Your proposals and rationale for repealing or amending section 8 of The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
You should also prepare a reflective statement and a 10-minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report
L1395_10 – Intellectual Property Law Title
Analyse the impact which the Digital Copyright Directive (“the Directive”) will have on stakeholders in, and consumers of, copyrighted material within the EU. Evaluate whether it strikes an appropriate balance between the rights of copyright owners and internet platforms such as news aggregators, search engines and website owners.
In preparing your report you need to deal with the following instructions:
1. Provide a critique of the system prior to introduction of the Directive which should centre on whether the balance referred to above existed. You should give an overview of the problems with the use of copyrighted material which the Directive aims to solve.
2. Explain the key highlights of the Directive, concentrating on its most notable provisions. You should analyse the arguments for and against the inclusion of these provisions.
3. Give your opinion as to the likely success or otherwise of the Directive.
You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report
L1395_11 – Mergers and Acquisitions Title
In the context of the acquisition of private limited companies in England and Wales (subject to the requirements of paragraph 3 below) consider the impact of the Covid- 19 Pandemic in both the short and the long term.
In preparing your report you need to address the following areas:
1. Identify trends in the type of deal activity and whether the current market is likely to favour a seller or a buyer.
2. What are the risks and challenges that face a buyer if a deal cannot proceed to simultaneous exchange and completion?
3. What are the issues with including ‘no material adverse change’ (‘MAC’) clauses in transaction documents in England and Wales compared to the approach in the United States?
4. Give your opinion on whether legal practice is likely to change in England and Wales with respect to MAC clauses.
Please note that due to significant complexity and reform to insolvency law it is not necessary to deal with the specific legal issues arising in relation to purchases from administrators and liquidators.
You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report
L1395_12 – Private Client Title
Discuss whether the Wills Act 1837 is outdated in relation to the need for electronic Wills to be recognised in a modern technological world.
In preparing your report you need to address the following areas.
1. The historic basis of the formality rules and rationale for reform;
2. A review of the literature to assess the pros and cons of both the current regime and electronic Wills;
3. Your proposals and rationale for reform by reference to issues of security, infrastructure and consistency and any other criteria which you consider to be relevant.
You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report
L1395_13 – Real Estate Title
“As a government committed to building a fairer society, I don’t see how we can look the other way while these practically feudal practices persist”. Sajid Javid, the Secretary of State for Communities and Local Government.
Housing has historically been effected by “unfair practices in the leasehold market”.
To what extent do you consider that legislation can or has offered solutions to these perceived problems? Could the commonhold scheme of ownership address any of the Government’s concerns?
In preparing your report you need to:
1. Identify the problems with the existing leasehold regime for residential leasehold houses.
2. Analyse the extent to which legislation has or could successfully address these problems and whether non-legislative steps (such as voluntary changes to the working practices of developers and their advisers) might also assist.
3. Provide a brief description of how the commonhold form of land ownership operates in our jurisdiction.
4. Discuss the pros and cons of the commonhold form of land ownership in addressing the problems you have identified with the existing leasehold regime.
You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.
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Professional Practice Research Report
L1395_14 – Tax Title
Despite growing criticism of Entrepreneurs’ Relief, Chancellor Philip Hammond retained the relief in the 2018 Budget commenting that “entrepreneurs must be at the heart of a dynamic economy”.
To what extent do you consider that Entrepreneurs’ Relief strikes an appropriate balance between promoting economic activity and ensuring a fair system of taxation? Formulate reasoned proposals for how, in your view, the system could be improved.

In preparing your report you need to address the following areas:
1. The historic basis and rationale for Entrepreneurs’ Relief.

2. The current rules on the application of Entrepreneurs’ Relief.

3. A review and critical analysis of the literature to assess the pros and cons of the current system and proposals for reform.

4. Your proposals for reform and how they compare with other jurisdictions.

5. What those proposals would achieve by reference to striking a balance between the above competing considerations.

You should also prepare a reflective statement and a 10 minute presentation of your report as outlined on page 1 of this document.

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Explanation & Answer

View attached explanation and answer. Let me know if you have any questions.

THE CORPORATE
INSOLVENCY AND
GOVERNANCE ACT
(‘ACT’)

INTRODUCTION
• The Corporate insolvency Governance Act (CIGA) is a situation
that businesses are unable to pay their liabilities as they fall due.
• In 2020, Covid 19 hit the country hard forcing the government to
call for a lockdown
• During this time, most of the companies' liabilities surpassed their
assets and thereby necessitating a review of the corporate
insolvency act of 1986 and the prior Corporate act of 2006.
• This paper goes ahead to focus on various components of the
CIGA and how the act has benefited companies as they
continue to battle with the effects of Covid 19.

BACKGROUND
• The CIGA was enacted on 26th June 2020 in what
researchers have termed as a speedy progression.
• The bill was in response to the Covid 19 pandemic which
had immensely interrupted businesses.
• The bill’s main agenda was to transform the English
restructuring and insolvency law from being ‘creditor
friendly’ to ‘debtor friendly’.
• The amendments made in 2020 were to remedy the
shortcomings of the prior Insolvency Act of 1986 and the
Companies Act of 2006.

BACKGROUND
• Insolvency Act 1986
• According to the insolvency act, in cases where a company meets the
definition of insolvency, the company shall be liquidated and the proceeds
paid off to the stakeholders based on priority.
• The law was also referred to as 'anti-deprivation' rule
• Companies Act 2006
• The company’s act of 2006 goes alongside the insolvency act.
• The company’s act of 2006 emphasized that a company should be treated
as a separate legal entity separating ownership and the limited liability
company
• Manager can however be sued or disqualified for a breach of duty,
including careless trading in a firm where insolvency could not be prevented

REASONS FOR LEGISLATION
• 1. Implementing insolvency and restructuring strategies with new corporate
restructuring tools.
• 2. Suspend parts of the insolvency law temporarily to support directors to
continue their business against the crisis without risking personal liability for
wrongful trading.
• 3. Amend the laws on companies and other legislation to grant temporary
facility on companies.

LEGISLATION OF THE CIGA 2020
• On 26th June 2020, the legislature passed the CIGA after a speedy
progression since the bill was first introduced on May
• The bill sought to shift the insolvency act from having been creditor friendly
to a new insolvency act that would be more rational and friendly to the
debtors
• The structuring procedures played a crucial role in enabling directors to
restructure their businesses more effectively and thereby overcome the
negative effects emanating from the pandemic

• The bill constituted of several provisions both temporary and permanent
aimed at addressing the issue of insolvency

LEGISLATION OF THE CIGA 2020
• Temporary Provisions
• These provisions were effective for a period of 1 year and were intended to
have a direct effect on cautioning already ailing businesses. It comprises of;
• i)
Statutory demands and winding-up petitions.
• ii)
Wrongful trading
• iii) Meetings and company filings
• Permanent Provisions
• These were long term provisions that were intended to create a future
debtor friendly law. They comprise of;
• 1.
Moratoriums
• 2.
Restructuring plans
• 3.
Termination clauses in supply contracts

CRITICAL ANALYSIS OF CIGA
• The CIGA has come a long way to remedy the adverse
effects of the pandemic.
• The 2020 Act has proposed both temporary and
permanent techniques to remedy the prior defects of the
1986 Insolvency Act and the Company Act of 2006
• The temporary measures will give the companies a
period to restructure their operations and also invent
strategies that will enable them to deal with the tough
economic conditions
• In the long run, the creditors will still require to recover
those sums from the company.
• Businesses have for the last year continued enjoying the
benefits of these measures and this has greatly helped in
reducing the number of insolvency cases as would have
previously been expected with the previous 1986
insolvency law.

OPINION

• I believe that the CIGA of 2020 has greatly played
an immense role in aiding businesses to deal with the
economic crisis brought about by the Covid 19
pandemic
• . I strongly believe that the permanent changes
made will go a long way in transforming most
companies and reducing cases of corporate
insolvency.
• However, the shifting of the insolvency act from
being creditor friendly to debtor-friendly may
immensely affect commercial banks and other
lenders in the future.
• Losses could also increasingly occur in cases where a
company uses remaining assets to indiscriminately
invest during the moratorium process and still faces
insolvency.

EFFECT OF PERMANENT CHANGES ON
FUTURE LENDING MARKET
• With the introduction of the new CIGA insolvency
measures, the lending market stands to be the greatest loser
• The permanent changes propose a set of measures that are
debtor-friendly and give directors a real fighting chance outside
the insolvency process and at the same time remaining control of
the company.
• Whilst this move is favorable to the debtors, creditors stand to lose
since they will have to wait longer to receive their funds.

• In addition, lenders could lose a significant amount of funds in
cases where the company continues to accumulate liabilities
during the moratorium or restructuring process.

CONCLUSION
• In conclusion, the CIGA has gone a long way in helping companies deal
with the looming Covid 19 pandemic effects.
• The 2020 act acted as a remedy to the insolvency act of 1986 and the
Corporate Law of 2006
• The CIGA was strategically designed to move the law of insolvency from
being ‘creditor friendly’ as per previous regimes to a more ‘debtor friendly’
approach.
• This approach offered managers an opportunity to restructure their
operations in situations they risk insolvency without having to experience
massive legal intervention from creditors.
• It is evident that the CIGA provides useful additions to the restructuring toolkit
and offers relief to distressed businesses

\


Last name 1

UNIVERSITY NAME
By
Student Name

THE CORPORATE INSOLVENCY AND GOVERNANCE ACT (‘ACT’)
Course title
Lecturers Name
Name of Place
Due Date (Day/Month/Year)

Last name 2
THE CORPORATE INSOLVENCY AND GOVERNANCE ACT (‘ACT’)
INTRODUCTION
Corporate insolvency refers to a situation in which businesses are unable to meet their liabilities
as they fall due1. Other scholars have defined corporate insolvency as a situation in which a
company’s assets are inadequate to cover for its liabilities1,2. Covid 19 has appeared in history
books as one of the greatest pandemics ever experienced. In 2020, Covid 19 hit the country hard
forcing the government to call for a lockdown. During this time, the economy experienced an
immense contraction that forced many companies to record lower revenues and sales3. During
this time, most of the companies' liabilities surpassed their assets and thereby necessitating a
review of the corporate insolvency act. In this report, we are going to focus on the various causes
for the legislation of the CIGA alongside a critical review of the aftermath of the legislation of
the act.
BACKGROUND
The Corporate Insolvency Governance Act (CIGA) was enforced on 26th June 2020 after a
speedy progression through the parliament since the draft legislation had been presented on
May4. The bill was in response to the Covid 19 pandemic which had immensely interrupted

1

Paul Omar, 'Goode On Principles Of Corporate Insolvency Lawkristinvanzwieten, 5Th Edition,
London: Sweet & Maxwell, 2018. Cv And 967 Pp. + Appendices And Index, £259, ISBN 978‐0‐
414‐03488‐8' (2019) 28 International Insolvency Review.
2
Sandra ...


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