In the matter of Nostrum Oil & Gas Plc
The scheme of arrangement was sanctioned because it complied with statutory requirements, was overwhelmingly supported by creditors, treated all creditors (including those subject to sanctions) fairly, contained no defect or 'blot', and was likely to be effective internationally.
- Parties
- Applicant/company: Nostrum Oil & Gas Plc; Respondents/creditors: Scheme Creditors
- Jurisdiction
- England and Wales
- Judgment Date
- 26 August 2022
- Procedural Posture
- Scheme of Arrangement (insolvency/restructuring) / Sanction Hearing and Final Order
- Outcome
- Scheme of arrangement sanctioned.
- Legal Topics
- Scheme of Arrangement, Sanctions Compliance, Creditor Rights, Class Representation, International Recognition of Schemes
Case Brief
Summary, issues, holding and outcome
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Parties
Nostrum Oil & Gas Plc
Applicant/company
Scheme Creditors
Respondents/creditors
Procedural Posture
Scheme of Arrangement (insolvency/restructuring) / Sanction Hearing and Final Order
Legal Issues
- 1 Whether the statutory requirements for sanctioning a scheme of arrangement under Part 26 of the Companies Act 2006 were met
- 2 Whether the class of creditors was properly constituted and fairly represented
- 3 Whether the scheme is fair and reasonable to creditors, including those subject to sanctions
Ratio Decidendi
The scheme of arrangement was sanctioned because it complied with statutory requirements, was overwhelmingly supported by creditors, treated all creditors (including those subject to sanctions) fairly, contained no defect or 'blot', and was likely to be effective internationally.
Court Disposition
Scheme of arrangement sanctioned.
Orders
- Scheme of arrangement between Nostrum Oil & Gas Plc and its creditors is sanctioned pursuant to Part 26 of the Companies Act 2006.
- Company authorised to implement the restructuring as set out in the scheme.
Full Case Text
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