Great Annual Savings Company Ltd, Re [2023] EWHC 1026 (Ch) (17 February 2023)
The company has taken all reasonable steps to notify creditors, the plan as revised provides sufficient give and take to constitute a compromise or arrangement, and the class composition for creditor meetings is appropriate. The jurisdictional threshold conditions for convening meetings under s.901A Companies Act 2006 are satisfied.
- Citation
- [2023] EWHC 1026 (Ch)
- Parties
- Company: Great Annual Savings Company Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 17 February 2023
- Procedural Posture
- Restructuring Plan Under Companies Act 2006 / Convening Hearing for Class Meetings
- Outcome
- Order granted to convene class meetings for 15 creditor classes.
- Legal Topics
- Restructuring Plan, Class Meetings, Creditor Notification, Compromise or Arrangement, Jurisdictional Requirements
Case Brief
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Parties
Great Annual Savings Company Limited
Company
Procedural Posture
Restructuring Plan Under Companies Act 2006 / Convening Hearing for Class Meetings
Legal Issues
- 1 Whether the company has taken all reasonable steps to notify plan creditors
- 2 Whether the proposed plan constitutes a compromise or arrangement under s.901A Companies Act 2006
- 3 Whether class composition for creditor meetings is appropriate
Ratio Decidendi
The company has taken all reasonable steps to notify creditors, the plan as revised provides sufficient give and take to constitute a compromise or arrangement, and the class composition for creditor meetings is appropriate. The jurisdictional threshold conditions for convening meetings under s.901A Companies Act 2006 are satisfied.
Court Disposition
Order granted to convene class meetings for 15 creditor classes.
Orders
- Class meetings to be held on 13 and 14 March 2023 for 15 creditor classes.
- Notice to be given to creditors by email and post as set out in the draft order.
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