Application by Swissport Fuelling Limited for the court’s sanction under section 899 of the Companies Act 2006 of a scheme of arrangement. Judges: Mils J Citations: [2020] EWHC 1773 (Ch) Links: Bailii Statutes: Companies Act 2006 Jurisdiction: England and Wales Company, Insolvency Updated: 31 December 2022; Ref: scu.652322
The court was asked as to the interrelationship of the statutory schemes relating to the protection of employees’ pensions and to corporate insolvency. Held: Liabilities which arose from financial support directions or contribution notices issued by the Pensions Regulator under the 2004 Act after the company had gone into administration, which required the company to … Continue reading In re Nortel Companies and Others: SC 24 Jul 2013
Application to approve scheme of arrangement. Citations: [2021] EWHC 222 (Ch) Links: Bailii Statutes: Companies Act 2006 899 Jurisdiction: England and Wales Company, Insolvency Updated: 03 August 2022; Ref: scu.658056
Judges: Sir Geoffrey Vos, Ch Citations: [2017] EWHC 184 (Ch) Links: Bailii Statutes: Companies Act 2006 899(1) Jurisdiction: England and Wales Company Updated: 29 January 2022; Ref: scu.573908
The court gave reasons for the sanctioning of a scheme of arrangement. Judges: David Richards J Citations: [2011] EWHC 749 (Ch) Links: Bailii Statutes: Companies Act 2006 899 Jurisdiction: England and Wales Company Updated: 12 October 2022; Ref: scu.430856
Application for sanction of a scheme arrangement between the scheme company, Codemasters Group Plc, and the holders of its ordinary shares, pursuant to s.899 of the Companies Act 2006. Citations: [2021] EWHC 619 (Ch) Links: Bailii Statutes: Companies Act 2006 899 Jurisdiction: England and Wales Insolvency, Company Updated: 04 October 2022; Ref: scu.659669
Judges: Falk J Citations: [2019] EWHC 2412 (Ch) Links: Bailii Statutes: Companies Act 2006 899 Jurisdiction: England and Wales Company Updated: 08 August 2022; Ref: scu.641416
The object of the proceedings was to protect the confidentiality of documents disclosing certain identities, and an order designed to achieve that objective had previously been made by the court. Held: The court permitted the identities of the applicants to be withheld from public disclosure. The disclosure of their identities would be inconsistent with that … Continue reading Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others: SCS 8 Mar 2011
Judges: Morgan J Citations: [2008] EWHC 2334 (Ch) Links: Bailii Statutes: Companies Act 2006 899 Jurisdiction: England and Wales Company Updated: 19 July 2022; Ref: scu.277021
Application for approval of scheme of arrangement. Judges: Henry Carr J Citations: [2018] EWHC 2663 (Ch) Links: Bailii Statutes: Companies Act 2006 899 Jurisdiction: England and Wales Company, Insolvency Updated: 13 June 2022; Ref: scu.631348
Judges: The Hon Mr Justice Mellor Citations: [2022] EWHC 1283 (Ch) Links: Bailii Statutes: Companies Act 2006 899 Jurisdiction: England and Wales Company Updated: 11 June 2022; Ref: scu.678292
The Bank applied for the sanction of the Court to a scheme of arrangement under section 899 of the 2006 Act with creditors in respect of two series of subordinated loan notes, having an aggregate nominal value of US $220 million. David Richards J [2015] EWHC 3299 (Ch) Bailii Companies Act 2006 899 England and … Continue reading Re Public Joint-Stock Company Commercial Bank ‘Privatbank’: ChD 13 Nov 2015
‘application by DTEK Finance B.V (‘DTEK’) for an order under s 899 of the CA 2006 sanctioning a proposed scheme of arrangement between DTEK and holders of the 2015 Notes (as defined below) (the ‘Scheme Creditors’), (the ‘Scheme’). It is to implement a financial restructuring of DTEK which has run into financial difficulties and is … Continue reading Re DTEK Finance Bv: ChD 28 Apr 2015
Application by La Seda De Barcelona SA, a company incorporated in Spain, for an order sanctioning a scheme of arrangement. Proudman J [2010] EWHC 1364 (Ch), [2011] 1 BCLC 555 Bailii Companies Act 2006 899 England and Wales Company Updated: 06 December 2021; Ref: scu.546168
Application for orders under s899 of the 2006 Act to sanction schemes of arrangement relating to two companies. Birss J [2014] EWHC 1096 (Ch) Bailii Companies Act 2006 899 Company Updated: 02 December 2021; Ref: scu.523664
Request for sanction of a scheme of arrangement. . .
The court was asked to pierce the veil of incorporation of a company in the course of ancillary relief proceedings in a divorce. H had failed to co-operate with the court. After a comprehensive review of all the authorities, Munby J said: ‘The common theme running through all the cases in which the court has … Continue reading Ben Hashem v Ali Shayif and Another: FD 22 Sep 2008
Restored hearing of a claim for the sanction of a scheme of arrangement under section 899 of the Companies Act 2006. Judges: Mr Justice Fancourt Citations: [2022] EWHC 2732 (Ch) Links: Bailii Jurisdiction: England and Wales Company Updated: 07 November 2022; Ref: scu.682334
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
Citations: [2010] ScotCS CSIH – 6, 2010 SLT 459, GWD 7-117, 2010 SCLR 167, 2010 SC 349 Links: Bailii Statutes: Companies Act 2006 896 899 Jurisdiction: Scotland Cited by: See Also – The Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others SCS 28-Apr-2010 . .See Also – Scottish Lion Insurance Company Ltd v … Continue reading Scottish Lion Insurance Company Ltd v Goodrich Corporation and Others: SCS 29 Jan 2010
The court was asked whether the Bill was within the competence of the Welsh Assembly. The Bill purported to impose NHS charges on those from whom asbestos related damages were recovered. Held: The Bill fell outside the legislative competence of the Welsh Assembly, in that it did not relate to any of the subjects listed … Continue reading Recovery of Medical Costs for Asbestos Diseases (Wales) Bill (Reference By The Counsel General for Wales): SC 9 Feb 2015
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
Application for sanction of a scheme of arrangement between the scheme company ERM Worldwide Group Ltd and the holders of its nine classes of share capital pursuant to Section 899 of the Companies Act 2006. The Hon Mr Justice Mellor [2021] EWHC 3300 (Ch) Bailii England and Wales Company Updated: 25 December 2021; Ref: scu.670313
The defendant, a taxi driver, had without objection on the part of an Italian student asked for a fare of andpound;6 for a journey for which the correct lawful fare was 10s 6d. The taxi driver was convicted of theft. On appeal the main contention was that the student had consented to pay the fare. … Continue reading Lawrence v Metropolitan Police Commissioner: HL 30 Jun 1971
No Presumption of House for both Parties When looking to the needs of parties in a divorce, there is no presumption that both parties are to be left able to purchase alternative homes. The order of sub-clauses in the Act implies nothing as to their relative importance. Courts should be reluctant to allow repeated appeals … Continue reading Piglowska v Piglowski: HL 24 Jun 1999
The House considered a petition by a holder of 25 of the 100 issued shares in the company against the majority shareholder. The petitioner, an ex-employee, had been taken into management and then given his shares and permitted to take 50% of the company’s profits and a salary. Later the respondent in negotiations with the … Continue reading O’Neill and Another v Phillips and Others; In re a Company (No 00709 of 1992): HL 20 May 1999
Proper Use of Corporate Entity to Protect Owner The defendant was an English company and head of a group engaged in mining asbestos in South Africa. A wholly owned English subsidiary was the worldwide marketing body, which protested the jurisdiction of the United States Federal District Court in Texas in a suit by victims of … Continue reading Adams v Cape Industries plc: CA 2 Jan 1990
Former employees had obtained a protective award against the company for failing to consult on the impending redundancies and submitted proofs of debt to the liquidator who sought guidance from the court. The judge had held that since the Act provided only one remedy, the protective awards were not provable. Held: The appeal was allowed. … Continue reading Haine v Secretary of State for Business Enterprise and Regulatory Reform and Another; Day v Haine: CA 11 Jun 2008
Right of Recovery of Money Paid under Mistake Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap agreements were unlawful. Kleinwort Benson then sought restitution of … Continue reading Kleinwort Benson Ltd v Lincoln City Council etc: HL 29 Jul 1998
The company wished to assign losses in its European subsidiaries against its profits. Since the losses were first claimed, the subsidiaries had gone into insolvent liquidation.
Held: Lord Hope said: ‘I would answer the first issue by rejecting . .
The right of members of a company to inspect the current register of members under section 116 of the Companies Act 2006. . .
The bank had entered into a master trading agreement with a trader under which the trader bought motor vehicles as agent for the bank for resale. The vehicles belonged to the bank. The defendant bought all the trader’s vehicles. The defendant now . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
