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Sequana: “Momentous” Judgment by Supreme Court on the Creditor Duty

The Supreme Court has ruled, for the first time, on the existence, specific content and engagement of the so-called “creditor duty” or the “rule in West Mercia”. In doing so, it unanimously dismissed BTI’s appeal....more

Houst Limited Restructuring Plan: High Court Sanctions SME Restructuring Plan to Cram Down HMRC

On 22 July 2022, the English High Court sanctioned Houst Limited’s (“Houst” or the “Company”) restructuring plan (the “Restructuring Plan”), which significantly, is the first time a Restructuring Plan has been used to cram...more

Smile Telecoms Restructuring Plan: English Court sanctions plan telling dissenting creditors to ‘stop shouting from the...

On 30 March 2022, the English High Court sanctioned a new restructuring plan for Smile Telecoms Holdings Limited (“Smile” or the “Company”) (the “Restructuring Plan”). The restructuring will result in the Company’s super...more

Smile Telecoms Restructuring Plan: Court grants convening application excluding “out of the money” creditor and shareholder...

On 12 January 2022, the English High Court granted Smile Telecoms Holdings Limited’s (“Smile” or the “Company”) application to convene a single meeting of plan creditors (the super senior creditors) to vote on the Company’s...more

Amicus Finance plc (in administration): High Court sanctions first mid-market restructuring plan, despite the opposition of...

On the 19th of August 2021, the English High Court sanctioned a Part 26A restructuring plan proposed by the administrators of Amicus Finance plc (in administration) (“Amicus”) for the company’s solvent exit from...more

Caffè Nero: High Court Rejects CVA Challenge

On 29 September 2021, the English High Court rejected a challenge made in respect of Caffè Nero’s company voluntary arrangement (“CVA”), brought by a landlord on the grounds of material irregularity and unfair prejudice. The...more

Hurricane Energy Restructuring Plan: Court Declines to Sanction Plan Cramming Down Shareholders

On 28 June 2021, the English High Court handed down a judgment declining to sanction a restructuring plan proposed by Hurricane Energy PLC, which sought to cram down the dissenting class of shareholders and hand over the...more

Restructuring Plans in European Cross-border Restructurings – One Gate Closes but Another One Opens

Key Takeaways - The use of the UK restructuring plan ("Plan") introduced last summer has been gathering pace with a handful of recent judgments seeing it used to implement cross-border restructurings instead of UK schemes of...more

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