A Guide to Consumer Insolvency Proceedings in Europe Thomas Kadner Graziano, Juris Bojārs and Veronika Sajadova (eds), (2019, Edward Elgar, Cheltenham) 1162 pp., £250, ISBN 978‐1‐78897‐564‐3

• Published date: 01 December 2019
• Author: John Tribe
• Date: 01 December 2019
• DOI: http://doi.org/10.1002/iir.1351

BOOK REVIEW

A Guide to Consumer Insolvency Proceedings in

Europe

Edited by Thomas Kadner Graziano jJuris Boj

ars and Veronika Sajadova (eds), (2019, Edward

Elgar, Cheltenham) 1162 pp., £250, ISBN 978-1-78897-564-3

1|INTRODUCTION: SELF-DESTRUCTION AND ITS

RAMIFICATIONS FOR INSOLVENCY

A personal remainer disclaimer is in order. Your reviewer is a keen European and advocate for the

benefits of membership of the European Union (EU).

1

Living and working in the progressive and

outward looking international City of Liverpool has no doubt partially influenced this perspective

witnessing the good that comes from EU membership.

2

My personal dissatisfaction with Brexit and

growing general disquiet at the calamity unfolding before us has not been assuaged as I progressed

through the pages which make up the substantial tome under review (Consumer Insolvency Proceed-

ings). As I read through the work, I became even more acutely aware of the damage Brexit is causing,

not just to the United Kingdom (UK), but also specifically to the development of the insolvency laws

more generally and to harmonious pan-European relations in the field. Relations that have a very long

and productive history in insolvency law dating back to at least the mid-18th century.

3

So, this review

has been written from the perspective of a committed European.

Brexit continues to wreak its damaging consequences, indeed, some predate full exit from the EU

which may or may not have happened by the time this review comes out. What a depressing thought

to think that, by the time you read this, the UK might no longer be part of the European Union. To

date in my own sector, we have seen damage in pan-European research bids, where UK universities

have been excluded from making bids in exciting pan-European research projects like the one cur-

rently underway at University College Cork.

4

More broadly, we have witnessed many new lows with,

1

For a previous discussion of lost opportunity because of “bonkers Brexit,”see John Tribe, “The Not-so-great Reformation?

Recent Corporate Insolvency Framework Reform Proposals, the ‘bonkers’Brexit and England and Wales' Contribution to EU

Law Reform”(2016) Recovery (Autumn) 30–33.

2

A quick glance at the positive work in Liverpool alone speaks volume for EU membership, particularly from funding received

through the EU's Objective One Programme. See, further, Liam Murphy, 17 Things European Funding has done for

Merseyside (Liverpool Echo, 21 February 2016).

3

John Tribe and Stephen Baister, “Lord Bathurst's Gift: The Genesis of the Golden Thread, being the Early History of Cross-

Border Insolvency and the Theory of Universalism, with particular reference to the original Solomons v. Ross Case Papers of

1764”(2019) 32(1) Insolvency Intelligence 7–15.

4

See, further, Irene Lynch Fannon, Judicial Cooperation supporting Economic Recovery in Europe (JCOERE) (2018–2020).

European Union (DG Justice). The project is examining European judicial co-operation in corporate rescue cases.

Received: 1 October 2019 Accepted: 16 October 2019

DOI: 10.1002/iir.1351

© 2019 INSOL International and John Wiley & Sons, Ltd

Int Insolv Rev. 2019;

28:418–422.

418 wileyonlinelibrary.com/journal/iir