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15 July 2022
Issue: 7987 / Categories: Case law , In Court , Law digest
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Law digests: 15 July 2022

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

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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
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