On 8 April 2025, the Forward Thinking Conference returned after a 17-month break. Hosted by the Faculty of Laws at University College London, in their historic Bentham House. Recordings of the livestreamed presentations are presented here as a resource for future academic studies and to help shape the future structure of the UK insolvency policy and legislative landscape.
Please note that any views expressed by these presentations and papers do not necessarily reflect either the views of the Government, or its current, or future policy.
Papers and Presentations
This conference’s call for papers suggested a shortlist of subject matters, which resulted in a variety of shared topics from both academic and professional perspectives. The recordings of the presentations therefore reflect the combination of shared themes.
This paper considers how to optimise the personal insolvency framework through the lens of behavioural economics. Focusing on choice-architecture to redesign a debtor’s journey through insolvency mitigating the decision fatigue that is experienced and shaping insolvency to improve societal outcomes from over-indebtedness.
A review of the various Special Administration Regimes (SAR) and the challenges of for restructurings under the procedure. The paper explores whether a single SAR could be developed or if a single framework should be developed to underpin all SAR’s.
Special administrations and the limitations of the current procedure to respond to the complex challenges of modern society. An overview of potential alternative procedures designed to better respond to new challenges.
Following the UK Supreme Court ruling in BTI v Sequana, this paper examines the contrasts between common law and European frameworks in dealing with the question of directors duties in financially distressed companies.
A paper examining group entities and parent structures through the lens of environmental harm. The paper studies the lack of motivation within corporate structures to reduce environmental harm and proposes reforms focusing on directors duties in the period approaching insolvency.
Conceptualising a framework for the cramdown mechanism, introducing a (FaiRS) fair allocation of the restructuring surplus approach.
Exploring the problems with leases in Part 26A restructuring plans and considerations of how to reorientate these plans to give landlords comparative treatment with other financial creditors.
A second paper looking into whether landlords are getting a fair deal in these restructuring plans. Analysis of specific case law which has inferred how courts treat landlord creditors.
An examination of the complexities in dealing with cryptoassets in insolvency and the challenges a lack of legislation presents in determining the appropriate way to deal with these.
Dr. Neeti Shikha is a Lecturer at the University of the West of England, Bristol. Prior to this, she held academic positions at the University of Bradford and served as Associate Dean at the Indian School of Public Policy, New Delhi. She was also the founding Head of the Centre for Insolvency and Bankruptcy at the Indian Institute of Corporate Affairs, under the Ministry of Corporate Affairs, Government of India.
A recipient of the prestigious Hague Scholarship, Dr. Shikha is an active member of the Academic Group of INSOL International and serves on its Academic Steering Committee. She also sits on the editorial board of the International Insolvency Review and is a member of the advisory board for the Centre for Civil Society, India. Additionally, she co-chairs the Insolvency Scholars’ Forum, India’s leading academic platform for insolvency law research, under the aegis of the Insolvency Law Academy.
Dr. Shikha contributes regularly to prominent Indian publications, including Bloomberg Quint, Mint, and Financial Express.
Emily is a Senior Lecturer on the Solicitors Training Course, teaching modules in Business Law and Practice, Property Law and Practice, and Dispute Resolution. She has 15 years of post-qualification experience practising in Restructuring and Insolvency law, where she provided strategic and commercial advice on a broad range of corporate and personal insolvency matters. Her clients included appointment takers, directors, individuals, and creditors. In practice, she specialised in contentious insolvency, advising clients on the merits and practicalities of pursuing or defending litigation, as well as options for funding. She also supported directors of companies operating in the “twilight zone” and advised major banking clients on the enforcement and enhancement of security.
Mike is a Managing Director at Interpath. Mike has over 30 years’ experience advising lenders and other stakeholders on restructurings, work-outs and insolvencies, with a focus on regulated markets in the UK and overseas.
In the financial services sector, Mike has held many lead roles, including special administrator of MF Global UK and Dunfermline, as well as planning and overseeing wind-downs of banks. Mike has also had senior roles in other regulated markets, such as power generation (Baglan Bay), airlines (Monarch Airlines and Thomas Cook) and rail.
Mike is a Fellow of the Association of Business Recovery Professionals (R3), and member of its General Technical Committee (2011 to date), and Policy Group (2013 to date).
Rob is a Director in Interpath’s Financial Services Restructuring team with over 15 years restructuring experience. Rob is a licenced insolvency practitioner, and the appointee on the Viola Money and Contis Financial PESAR cases as well as a number of other financial services matters, including Tenet Group and Morses Club.
Rob is a member of the ICAEW’s Insolvency Committee.
Professor Rebecca Parry is a Co-Director of the Centre for Business and Insolvency Law, Nottingham Trent University, who has written widely on aspects of domestic and international insolvency laws. She has a particular recent interest in the intersection between technology and law and vulnerabilities arising from the provision of public services by private companies.
Eugenio is Senior Lecturer (Associate Professor) at Royal Holloway, University of London, as well as an Academic Fellow of the Middle Temple and a lead consultant for the World Bank on a project on climate change and insolvency. Eugenio is an active member of several leading institutions in the field, including the Insolvency Lawyers Association, the Insolvency Law Academy, III NextGen Class XI, INSOL International and INSOL Europe. Eugenio’s main areas of interest are the treatment of local public entities in distress and the investigation of the role that insolvency and restructuring laws can play in promoting sustainable development and adapting to climate change.
Profile details to come…
Philip Gavin is an Assistant Lecturer in Law in the School of Socia l Sciences, Law & Education. Dr Gavin’s research explores how the interests of the company are understood and how this informs the autonomy of directors. He also researches the duties of directors in financially distressed companies. His research also explores fiduciary and equitable developments in commercial practice.
Irit Mevorach is a Professor of International Commercial Law at the University of Warwick. Previously, she held a Chair at the University of Nottingham and was the founder and co-Director of the University of Nottingham Commercial Law Centre. Irit holds LLB and LLM degrees from Tel-Aviv University, and a PhD from University College London. Since 2006, Irit has been acting as an expert adviser to the UK government's delegation to UNCITRAL. In 2013, she was appointed Senior Counsel to the World Bank and headed the Bank's Global Initiative on Insolvency and Creditor/Debtor Regimes (2013-2015). She was elected to the International Insolvency Institute (III) membership in 2012, was the co-Chair of the III academic wing between 2020-2023, and is currently a board member of the III. She has been elected to the American College of Bankruptcy (international fellow, from 2019), is a member of INSOL, ILA, CERIL, the IEEI, and the World Bank Task Force on Creditor-Debtor Regimes and Insolvency. Irit is on the Editorial Board of the Global Restructuring Review and the Spanish Journal of Insolvency and Restructuring, the International Advisory Council of the Singapore Global Restructuring Initiative (SGRI), the advisory board of the UNIDROIT-Queen Mary Institute of Transnational Commercial Law, she is co-Chair of subgroup III of UNIDROIT Working Group on Bank Liquidation, the UK Correspondent, Case Law on UNCITRAL Texts, and was appointed from 2020 to the Lord Chancellor's Committee on Private International Law.
Professor Riz Mokal has researched, taught, and practised insolvency, property, and commercial law, and has advised governments on law reform. He is a barrister at South Square, has held the Chair of Law and Legal Theory at UCL, served as Senior Counsel to the World Bank and headed the Bank's Global Insolvency and Creditor/Debtor Initiative, has been a member of the Bank's and subsequently the United Kingdom delegations to the United Nations Commission on International Trade Law, and belongs to several invitation-only international professional organisations. His work has influenced law reform in several jurisdictions and has been cited with approval by courts around the world.
Prof Stephan Madaus is a full professor of law at the Martin Luther University Halle-Wittenberg, where he was the head of the Law School from 2016 to 2018. He teaches property law (including secured transactions), insolvency and restructuring law, as well as contract and tort law. Prof. Madaus is a Member of the European Commission’s Expert Group on Restructuring and Insolvency, and a Fellow of the American College of Bankruptcy (Class 35). He also holds appointments at the International Insolvency Institute (Vice-President) and at the Conference of European Restructuring and Insolvency Law (CERIL – board member). His research interests lie in dealing with debt burdens and therefore in insolvency and restructuring laws – with a special focus on the comparative analysis of relevant regulatory approaches in jurisdictions worldwide as well as in the soft law of international organisations.
Profile details to come…
Sarah Paterson is a professor of law. Her main areas of research are corporate reorganization and insolvency. She is a member of the Technical Committee of the Insolvency Lawyers’ Association, and a member of the General Technical Committee of the Association of Business Recovery Professionals. Before joining LSE, she was a partner in Slaughter and May in London with whom she retains a consultancy.
Philip has been a Partner in Clifford Chance since 2002 and is Global Head of the Restructuring and Insolvency Group. He is a member of the Association of Business Recovery Professionals, INSOL, and the Insolvency Lawyers’ Association. Philip is a past President of the Insolvency Lawyers’ Association. Philip is the co-author of the chapter entitled “Schemes of Arrangement” in Tolley's Insolvency Law and “Compromising Shareholder Claims both generally and in listed companies” in “The Law and Practice of Restructuring in the UK and US” as well as numerous articles on insolvency related topics. His practice involves general insolvency and restructuring work (as well as insurance run-off and insolvency work).
Katelyn is a Senior Associate in the Restructuring and Insolvency team of Clifford Chance in London. Katelyn is a member of the Insolvency Lawyers' Association and the International Women's Insolvency & Restructuring Confederation. Katelyn joined Clifford Chance in 2023, prior to which she worked as a banking and finance lawyer in Australia. Katelyn has experience in high profile, complex and novel cross border restructurings including Bio City (the first use of a change of governing law to Dutch to utilise the WHOA) and JBF (the first successfully implemented onshore UAE restructuring). Katelyn holds an LLB (Hons) and BA (ANU), Grad Dip of Legal Practice (College of Law) and an MSc in Law and Finance (Oxon).
Alice is an Associate in the Restructuring & Insolvency team at Clifford Chance, based in London. She is a member of the Insolvency Lawyers’ Association and the International Women's Insolvency & Restructuring Confederation. Alice recently contributed to a chapter in INSOL International’s "Valuation for Insolvency Practitioners" publication, focussing on the judicial approach to valuations in schemes of arrangement and restructuring plans under the Companies Act 2006. Her practice involves advising on high-value, complex, and cross-border restructurings, insolvencies, and special situations, working with a wide range of stakeholders, including banks, credit funds, financial sponsors, companies, and directors.
Professor Paula Moffatt is Director of External Engagement and a Professor of Banking and Insolvency Law at Nottingham Law School, Nottingham Trent University in the UK. Her work has predominantly been in the field of bank insolvency and regulation, as well as encompassing secured transactions law, cross-border insolvency issues, and general insolvency matters.
More recently, Paula has collaborated with Prof. dr. Dominik Skauradszun on the insolvency of crypto-entities, co-leading CERIL Working Group 16 on Crypto-assets in Restructuring and Insolvency. Their report was published by CERIL in October 2023. Paula is a member of the CERIL Executive and in 2024 joined the CERIL UNCITRAL Working Group V (Insolvency Law) delegation in New York and Vienna.
For further information, please contact conference@insolvency.gov.uk. We aim to reply to any queries within 10 working days.
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