Thomas Cook Group Plc & Ors, Re
Compulsory liquidation is the only viable option due to insolvency and urgent need for repatriation; notice requirements are dispensed with due to urgency; special managers are appointed to assist the Official Receiver.
- 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
- Winding Up Petition / Final Judgment
- Outcome
- Petitions granted; winding up orders made; special managers appointed; notice requirements dispensed with.
- Legal Topics
- Compulsory Liquidation, Appointment of Special Managers, Dispensing With Notice Requirements, Repatriation of Customers
Case Brief
Summary, issues, holding and outcome
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Parties
Thomas Cook Group PLC and 25 other companies
Petitioner
Official Receiver
Respondent
Civil Aviation Authority
Interested Party
Procedural Posture
Winding Up Petition / Final Judgment
Legal Issues
- 1 Whether compulsory liquidation is appropriate for the Companies
- 2 Whether notice requirements should be dispensed with
- 3 Whether special managers should be appointed
Ratio Decidendi
Compulsory liquidation is the only viable option due to insolvency and urgent need for repatriation; notice requirements are dispensed with due to urgency; special managers are appointed to assist the Official Receiver.
Court Disposition
Petitions granted; winding up orders made; special managers appointed; notice requirements dispensed with.
Orders
- Winding up orders for all 26 Companies
- Official Receiver appointed as liquidator
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