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Academic Staff

Richard Bradstreet

Richard is a senior lecturer in the Department of Commercial Law. He holds bachelor’s degrees in philosophy and law and a master’s degree in commercial law from the University of Cape Town ('UCT'). He is currently a member of the UCT law faculty and has taught at both undergraduate and postgraduate levels in the Department of Commercial Law at UCT, which he joined in 2013 to teach business law while undertaking research into certain areas of corporate and related law, largely focusing on creditor protection.  Richard's areas of interest currently include financial distress, corporate reorganization ('business rescue'), corporate finance, corporate governance and intellectual property.  He has published a number of articles in peer-reviewed academic journals and presented at numerous conferences both locally and internationally. His work has also been cited with approval by the High Court of South Africa.

 

Publications

  • 'Socioeconomic Considerations in Corporate Insolvency Law Policy: A South African Case Study' (2016) Australian Journal of Corporate Law 162.  
  • 'The Wolf in Sheep's Clothing - When Debtor-Friendly is Creditor-Friendly: South Africa's Business Rescue and Alternatives Learned From The United States' Chapter 11' Journal of Corporate and Commercial Law & Practice 2015 (2) 1 (with Marius Pretorius & Philip Mindlin).  
  • ‘Should Creditors Rely on the Solvency and Liquidity Threshold for Protection? - A South African Case Study' (2015) Journal of African Law 121-149.   
  • ‘Implications of the Re-enacted Discretionary Power to Grant Judicial Relief to Directors in Section 77(9) of the Companies Act 2008’ (2015) SA Mercantile Law Journal 145-152.  
  • ‘Averting Liquidations With Business Rescue: Does a Section 155 Compromise Place the Bar Too High?’ (2014) Stellenbosch Law Review 549-565 (with Hans Klopper).  
  • ‘Lending a helping hand: The role of creditors in business rescues?’ (December 2013) De Rebus 22-23.  
  • ‘United States v Business Method Patents: Trial by Trial and Error’ (2013) 8 Journal of Intellectual Property Law and Practice 374-382.  
  • ‘Business Rescue Proves to be Creditor-friendly: CJ Claassen, J's analysis of the new business rescue procedure in Oakdene Square Properties’ (2013) 130 South African Law Journal 44-52.  
  • ‘Regulating Legal Capital Reduction: A Comparison of Creditor Protection in South Africa and The State of Delaware’ (2012) 129 South African Law Journal 736-757.  
  • ‘Business rescue practitioners: What role for the legal profession?’ (July 2012) De Rebus 22-24.  
  • ‘The New Business Rescue: Will Creditors Sink or Swim?’ (2011) 128 South African Law Journal 352-380.  
  • ‘The Impact of Globalization of Antitrust Law on Developing Countries: Harmony or Hegemony?’ (2011) 2 Asian Journal of Law and Economics Iss. 3, Article 3.  
  • ‘The Leak in the Chapter 6 Lifeboat: Inadequate Regulation of Business Rescue Practitioners May Adversely Affect Lenders’ Willingness and the Growth of the Economy’ (2010) 22 SA Mercantile Law Journal 195-213.  
  • ‘Exploring the possibility of a composite business rescue practitioner’ (September 2010) De Rebus 48-49.    

 

Conference/seminar presentations

  • ADR Issues in Corporate Restructuring (2017) CLTA Conference on Agile Corporate Law: CSR, Innovation and Environment (Griffith Business School, Gold Coast, Australia). 
  • Consideration of Stakeholders in Corporate Rescues (2016) seminar presentation at Delaware Law School (Wilmington DE, United States of America). 
  • Chapter 6 as a “One Size Fits All” Procedure for All Incorporated Business Entities – Is This Effective for SMEs?’ (2016) presented at Corporate Renewal, Business Turnaround and Rescue (Gordon Institute of Business Science, Johannesburg, South Africa).
  • Rescuing MSMEs (2016) Company Law Colloquium hosted by the University of Cape Town's Commercial Law Department (Cape Town, South Africa).  
  • Policy Tensions in South African Corporate Insolvency Law Reform (2016) CLTA Conference on Enduring Issues in, and Reflections on, Corporate Law and Policy over the Past 25 Years (UNSW Business School, Sydney, Australia).
  • Binding Dissenting Creditors in Business Rescues (2015) Presentation to South African Restructuring and Insolvency Practitioners Association (Cape Town, South Africa).
  • An Attempt at Understanding the Statutory Business Judgement Rule in Terms of Common Law Principles (2015) Company Law Colloquium hosted by the University of Pretoria’s Mercantile Law Department (Pretoria, South Africa).
  • To Whom Should Fiduciary Duties Be Owed in The Context of Business Rescue? (2015) CLTA Conference on Corporate Law: Local and Global Dimensions (Melbourne, Australia).
  • The Leaking Lifeboat: Revisiting The Importance of Adequate Regulation of The Business Rescue Practitioner (2014) Second Annual International Mercantile Law Conference (Bloemfontein, South Africa).
  • Business Rescue: The South African Experience (2014) CLTA Conference on The Governance, Regulation and Rescue of Corporations (Adelaide, Australia).  
  • Creditor Protection in Business Rescue (2013) Presentation to South African Restructuring and Insolvency Practitioners Association (Cape Town, South Africa).  

 

Professional affiliations

  • Advocate of the High Court of South Africa
  • Member, Corporate Law Teachers Association (Australia)
  • Member, Golden Key International Honour Society
  • Member, INSOL International
  • Member, South African Restructuring and Insolvency Practitioners Association
  • Member, Turnaround Management Association - Southern Africa
  • Visiting Scholar, Australian National University (February 2015)
  • Visiting Scholar, University of Technology Sydney (February 2016)