Insolvency law and human rights: an update

Reviews the role which arguments about human rights have played in insolvency proceedings, noting the judgment in Back v Finland (37598/97) on whether the judicial adjustment of a debtor's debts so as to virtually extinguish the claim of a guarantor for a contribution from the debtor breached the guarantor's human rights, and then focuses on the decision in Druzstevni Zalozna Pria v The Czech Republic (72034/01) on whether the authorisation of a receivership without any prior notice infringed creditors' rights under the European Convention on Human Rights 1950 Protocol 1 art.1.