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

Applies a valuation technique derived from an adapted version of social justice "fairness" drawn from the work of scholars such as J. Rawls and M. Radin, to assess how value is measured in UK insolvency and bankruptcy proceedings. Explains the need to measure value fairly in such circumstances, compares the current framework with the proposed fairness-based and communitarian model, and discusses whether regulatory reform is needed.