Broken Companies or Broken System? Charting the English Insolvency Valuation Framework in Search for Fairness

Read full text
Authors: Eugenio Vaccari
Cited by: 5

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