Schemes of arrangement

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Practice notes
IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...
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20th Oct
Practice notes
Welcome to the world of restructuring and insolvencyRestructuring and insolvency covers a variety of different processes and tools designed to achieve...
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15th Oct
Practice notes
This Practice Note discusses:•the effect of an insolvency process on pending court proceedings in which the debtor, bankrupt or insolvent company is a...
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15th Oct
Practice notes
Administration is a procedure designed to give an entity breathing space, with a view to either a rescue or a restructure or to allow for a better...
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15th Oct
Practice notes
The moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company rescue or restructure of the...
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Produced in partnership with Kate Rogers of St Philips Chambers 15th Oct
Practice notes
This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal insolvency. It assumes that the...
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15th Oct
Practice notes
This Practice Note covers the process of disclaimer and the steps to be taken to disclaim. For guidance on what disclaimer is and what can be...
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Produced in partnership with Robert Hantusch of Three Stone 15th Oct
Practice notes
This Practice Note sets out guidance as to what happens when:•proceedings have been commenced against a company and a winding-up petition is presented...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 15th Oct
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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13th Oct
Practice notes
The order of distribution of a company’s assets in administration is found in the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales)...
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Produced in partnership with Robert Avis of XXIV Old Buildings 12th Oct
Practice notes
LiquidationThe order of distribution in liquidation, following the realisation of security by secured creditors (other than those with floating...
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Produced in partnership with South Square 12th Oct
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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5th Oct
Practice notes
Definition of property and some general principlesProperty is defined very widely in section 436 of the Insolvency Act 1986 (IA 1986), and includes...
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26th Sep
Practice notes
It is a long-established principle that winding-up proceedings should not be commenced where the petition debt is genuinely disputed on substantial...
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26th Sep
Practice notes
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...
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25th Sep
Practice notes
One of the main functions of the trustee in bankruptcy (trustee) is, in accordance with section 305(2) of the Insolvency Act 1986 (IA 1986), to get...
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25th Sep

Most recent Schemes of arrangement content

Practice notes
In September 2017, the Grand Court of the Cayman Islands (Parker J) sanctioned four separate interlinked Cayman Islands schemes of arrangement to...
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25th Sep
Practice notes
The effect of a scheme of arrangement (scheme)At the second scheme hearing the court may give an order sanctioning a scheme. Section 899(3) of the...
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25th Sep
Practice notes
What is valuation in the context of a scheme of arrangement?In general, a valuation in the context of a scheme of arrangement (a scheme) is used to...
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25th Sep
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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25th Sep
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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25th Sep
Practice notes
The table below compares the features and benefits of a scheme of arrangement (see: Schemes of arrangement—overview) with two alternate processes...
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25th Sep
Practice notes
The voting requirementAs set out in Practice Note: Schemes of arrangement—process and statutory framework, the Companies Act 2006, CA 2006, s 899(1)...
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25th Sep
Practice notes
This Practice Note sets out certain key cases and associated relevant content in relation to schemes of arrangement. The cases are divided by topic...
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25th Sep
Practice notes
The Insolvency (England and Wales) Rules 2016 (IR 2016) provide a revised scheme for decision-making in all insolvency procedures. The detailed...
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25th Sep
Precedents
On behalf of ApplicantBy: [insert name]Statement No 1Exhibits [insert details]Date: [insert date]Filed: [insert date]Court Reference No:[ INSERT COURT...
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26th Sep
Precedents
Court Reference No:[ INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT...
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26th Sep
Precedents
On behalf of: ApplicantBy: [insert name]No: [insert number]Exhibits: [insert details]Date: [insert date]Filed: [insert date]Court Reference No:[...
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26th Sep
Precedents
On behalf of: applicantBy: [insert name]No: [insert statement number]Exhibits: [insert details]Date: [insert date]Filed: [insert date]Court Reference...
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26th Sep
Precedents
These FAQs were last updated on [insert date the Company last updated these FAQs].Q1: Why have you contacted me?We are writing to everyone we think...
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26th Sep
Practice notes
Brexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has...
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26th Sep
Precedents
This document is important and requires your immediate attentionIf you are in any doubt as to any aspect of this proposal or as to the action you...
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26th Sep
Precedents
Court Reference No:[ INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT...
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26th Sep
Precedents
On behalf of: ApplicantBy: [insert name]No: 1Exhibits: [insert details]Date: [insert date]Filed: [insert date]Court Reference No:[ INSERT COURT REF....
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26th Sep
Precedents
[IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT LOCATION]][ INSOLVENCY AND COMPANIES LIST (ChD)]OR[IN...
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26th Sep
Precedents
1IntroductionThe time is now [insert the exact time] and I am opening the meeting of Scheme Creditors of [insert name of the company] [with [insert...
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26th Sep

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