Broken Companies or Broken System? Charting the English Insolvency Valuation Framework in Search for Fairness
Abstract
This article 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-orientated framework based on a modified version of Rawls, Finch and Radin's social justice concepts of fairness. This article explains the need for a revised communitarian, fairness-orientated 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.
Fields of Study & Subjects
Corporate Insolvency and Governance
Legal principles and applications
Law
Economics
and Judicial Systems
Publication details
- Journal / source
- SSRN Electronic Journal
- Publisher
- Elsevier BV
- Publication date
- 1 January 2026
- Language
- EN
- Document type
- Preprint