Thomas Cook Group Plc & Ors, Re [2019] EWHC 2626 (Ch) (23 September 2019)

Thomas Cook Group Plc & Ors, Re [2019] EWHC 2626 (Ch) (23 September 2019)

Given the Companies' insolvency, lack of viable alternatives, and urgent need for coordinated liquidation and repatriation, immediate winding up orders are appropriate, notice requirements are dispensed with, and special managers are appointed to assist the Official Receiver.

Citation
[2019] EWHC 2626 (Ch)
Parties
Petitioner: Thomas Cook Group PLC and 25 other companies; Respondent: Official Receiver; Interested Party: Civil Aviation Authority
Jurisdiction
England and Wales
Judgment Date
23 September 2019
Procedural Posture
Insolvency (winding Up Petitions) / Final Hearing and Order
Outcome
Petitions granted; winding up orders made for all Companies; Official Receiver appointed as liquidator; special managers appointed.
Legal Topics
Compulsory Liquidation, Appointment of Special Managers, Dispensing With Notice, Jurisdiction to Wind Up, Repatriation of Customers
Insolvency Company Law Compulsory Liquidation Appointment of Special Managers Dispensing With Notice Jurisdiction to Wind Up Repatriation of Customers

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Parties

Thomas Cook Group PLC and 25 other companies

Petitioner

Official Receiver

Respondent

Civil Aviation Authority

Interested Party

Procedural Posture

Insolvency (winding Up Petitions) / Final Hearing and Order

Legal Issues

  1. 1 Whether the Companies should be wound up by the court under the Insolvency Act 1986
  2. 2 Whether the notice requirement for winding up petitions should be dispensed with
  3. 3 Whether special managers should be appointed under section 177 of the Insolvency Act 1986

Ratio Decidendi

Given the Companies' insolvency, lack of viable alternatives, and urgent need for coordinated liquidation and repatriation, immediate winding up orders are appropriate, notice requirements are dispensed with, and special managers are appointed to assist the Official Receiver.

Court Disposition

Petitions granted; winding up orders made for all Companies; Official Receiver appointed as liquidator; special managers appointed.

Orders

  • Winding up orders for all 26 Companies
  • Official Receiver appointed as liquidator under section 136 of the Insolvency Act 1986