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Improving the treatment of environmental claims in insolvency

Fogleman, Valerie Margaret ORCID: and Mamutse, Blanca 2013. Improving the treatment of environmental claims in insolvency. Journal of Business Law 2013 (5) , pp. 486-509.

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Assesses how effectively UK corporate insolvency law ensures the enforcement of the debtor's environmental liabilities. Examines case law on the power of liquidators to disclaim a waste management licence as "onerous property" under the Insolvency Act 1986 s.178, and reviews other instances in the case law where insolvency law has taken precedence over environmental responsibilities. Discusses the current application of the "polluter pays" principle to debtors to illustrate the need for a coherent regime balancing the two areas of law. Suggests the elements of this regime.

Item Type: Article
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
Publisher: Sweet and Maxwell
ISSN: 0021-9460
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Last Modified: 25 Oct 2022 08:54

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