header-logo header-logo

Law digests: 15 July 2022

15 July 2022
Issue: 7987 / Categories: Case law , In Court , Law digest
printer mail-detail

Company

Re ALL Scheme Ltd [2022] EWHC 549 (Ch), [2022] All ER (D) 121 (Mar)

The Chancery Division allowed an application, brought by a newly established company which had executed a deed poll to assume joint liability to creditors of a group of companies (Amigo), for permission to convene simultaneous scheme meetings to consider two alternative schemes of arrangement under Part 26 of the Companies Act 2006, namely the New Business Scheme (NBS) and the Wind-Down Scheme (WDS), in circumstances where Amigo, providers of guarantor loans, faced a significant number of claims, made through the Financial Ombudsman (FOS fee claims) or otherwise (redress claims), in relation to their mis-sale of loans based on the affordability for the customers. The court held that: (i) as in Re Port Finance Investment Limited [2021] EWHC 378 (Ch), there was no obvious ‘roadblock’ which would lead the court at the sanction hearing to consider that the release of Amigo companies and their directors by way of the deed of release fell outside the scope of Part

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll