Agrokor D.D., Re [2019] EWHC 445 (Ch) (14 February 2019)

The court has jurisdiction to convene a single meeting of scheme creditors for Agrokor d.d. under Part 26 Companies Act 2006, as the rights are governed by English law, there is sufficient connection, and only one class of creditors exists. Notice was adequate and no objections were raised.

Citation: [2019] EWHC 445 (Ch)
Parties: Applicant: Agrokor d.d.
Jurisdiction: England and Wales
Judgment Date: 14 February 2019
Procedural Posture: Scheme of Arrangement Application / Application for Convening Creditors' Meeting
Outcome: Application granted
Legal Topics: Scheme of Arrangement, Jurisdiction, Class of Creditors, Recognition of Foreign Judgments

Insolvency Company Law Cross Border Insolvency Scheme of Arrangement Jurisdiction Class of Creditors Recognition of Foreign Judgments

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Parties

Agrokor d.d.

Applicant

Procedural Posture

Scheme of Arrangement Application / Application for Convening Creditors' Meeting

Legal Issues

1 Whether the English court has jurisdiction to convene a creditors' meeting for a Croatian company under Part 26 Companies Act 2006
2 Whether there is sufficient connection to England and Wales
3 Whether only one class of creditors exists for the scheme

Ratio Decidendi

Court Disposition

Application granted

Orders

Order for convening a single meeting of scheme creditors on 28 February 2019
Information relating to the scheme and meeting to be posted on the identified website on 14 February 2019