The Pandemic Response in the UK in the Context of Corporate and Financial Law – within and without Law

15 Pages Posted: 29 Jun 2020

See all articles by Iain MacNeil

Iain MacNeil

University of Glasgow - School of Law

Irene-Marie Esser

University of Glasgow; University of Stellenbosch

Date Written: June 26, 2020

Abstract


This short paper focuses on the response to the pandemic in corporate law and capital markets regulation and the role that the law played in it.

First, the pandemic has brought the interests of stakeholders into more direct focus in corporate governance than was previously the case. But questions remain as to whether this represents only a temporary adjustment in response to the crisis or, alternatively, a more enduring trend. And if the latter, it prompts consideration of the appropriate techniques for stakeholder engagement and participation in corporate governance.

Second, the pandemic has disrupted the relationship between financial firms and their customers and the operation of capital markets. Conduct regulators have responded with a series of interventions. We examine whether those interventions are ad hoc or, alternatively, if they can be linked to key regulatory trends that emerged in the wake of the 2008 global financial crisis. This approach provides a basis for assessing the implications of the pandemic for the future trajectory of conduct regulation.

Conclusions are then drawn on the way forward and the likely role that the law will play.

Keywords: COVID, pandemic, corporate law, stakeholders, capital markets, corporate governance, financial regulation

Suggested Citation

MacNeil, Iain and Esser, Irene-Marie, The Pandemic Response in the UK in the Context of Corporate and Financial Law – within and without Law (June 26, 2020). Available at SSRN: https://ssrn.com/abstract=3636292 or http://dx.doi.org/10.2139/ssrn.3636292

Iain MacNeil (Contact Author)

University of Glasgow - School of Law ( email )

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Irene-Marie Esser

University of Glasgow ( email )

School of Law
Glasgow, Scotland G12 8LE
United Kingdom

HOME PAGE: http://www.gla.ac.uk/schools/law/staff/irene-marieesser/

University of Stellenbosch ( email )

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Stellenbosch, Western Cape 7602
South Africa

HOME PAGE: http://blogs.sun.ac.za/law/handelsreg-mercantile-law/

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