Speciality Steel UK Ltd, Re [2025] EWHC 587 (Ch) (13 February 2025)
The adjournment was granted because the potential benefits of allowing time for a global settlement and clarifying the Plan outweighed the defined prejudice to Harsco, especially with measures to mitigate that prejudice (costs and validation order). The court emphasised fairness and the need for transparency in the process.
- Citation
- [2025] EWHC 587 (Ch)
- Parties
- Plan Company: Speciality Steel UK Limited; Major Creditors (greensill Creditors): Greensill Capital (UK) Ltd (in administration) and UBS Asset Management Switzerland AG; Creditor/objector: Harsco Metals Group Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 13 February 2025
- Procedural Posture
- Insolvency Company Reconstruction Plan (companies Act 2006) / Application for Adjournment of Sanction Hearing
- Outcome
- Adjournment granted with directions
- Legal Topics
- Company Reconstruction Plan, Adjournment of Sanction Hearing, Creditors' Rights, Winding Up Petition, Validation Order
Case Brief
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Parties
Speciality Steel UK Limited
Plan Company
Greensill Capital (UK) Ltd (in administration) and UBS Asset Management Switzerland AG
Major Creditors (greensill Creditors)
Harsco Metals Group Ltd
Creditor/objector
Procedural Posture
Insolvency Company Reconstruction Plan (companies Act 2006) / Application for Adjournment of Sanction Hearing
Legal Issues
- 1 Whether to grant an adjournment of the sanction hearing for the proposed company reconstruction plan under the Companies Act 2006
- 2 How to balance the interests and prejudice of different creditor groups in the adjournment context
Ratio Decidendi
The adjournment was granted because the potential benefits of allowing time for a global settlement and clarifying the Plan outweighed the defined prejudice to Harsco, especially with measures to mitigate that prejudice (costs and validation order). The court emphasised fairness and the need for transparency in the process.
Court Disposition
Adjournment granted with directions
Orders
- Plan Company to report to the court within seven days on the state of negotiations, especially with Greensill creditors.
- A further hearing to be held on 27 February to determine if new meetings or revised explanatory statements are needed, and to assess the viability of the Plan.
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