Fossil (UK) Global Services Ltd, In the Matter Of [2025] EWHC 3058 (Ch) (10 November 2025)
The plan meets all statutory requirements, was approved by an overwhelming majority of a properly constituted single class of creditors, is fair and rational for all creditors (including retail noteholders), and contains no defect or unlawful element. The process was transparent and accessible, and there is a reasonable prospect of recognition in the US. The court therefore sanctions the plan.
- Citation
- [2025] EWHC 3058 (Ch)
- Parties
- Claimant: Fossil (UK) Global Services Ltd; Retail Advocate: Mr Jon Yorke (Retail Advocate)
- Jurisdiction
- England and Wales
- Judgment Date
- 10 November 2025
- Procedural Posture
- Sanction Hearing for Restructuring Plan Under Part 26 a Companies Act 2006 / Sanction Hearing Following Creditor Meeting Approval
- Outcome
- Plan sanctioned
- Legal Topics
- Restructuring Plans, Part 26 a Companies Act 2006, Creditor Meetings, Class Composition, Sanction of Schemes, Cross Border Insolvency
Case Brief
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Parties
Fossil (UK) Global Services Ltd
Claimant
Mr Jon Yorke (Retail Advocate)
Retail Advocate
Procedural Posture
Sanction Hearing for Restructuring Plan Under Part 26 a Companies Act 2006 / Sanction Hearing Following Creditor Meeting Approval
Legal Issues
- 1 Whether statutory requirements for sanctioning the plan under Part 26A Companies Act 2006 are met
- 2 Whether the single class of creditors was fairly represented and majority acted bona fide
- 3 Whether the plan is fair and could reasonably be approved by creditors
Ratio Decidendi
The plan meets all statutory requirements, was approved by an overwhelming majority of a properly constituted single class of creditors, is fair and rational for all creditors (including retail noteholders), and contains no defect or unlawful element. The process was transparent and accessible, and there is a reasonable prospect of recognition in the US. The court therefore sanctions the plan.
Court Disposition
Plan sanctioned
Orders
- The restructuring plan under Part 26A Companies Act 2006 is sanctioned as proposed.
Full Case Text
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