Provident SPV Ltd, Re [2021] EWHC 1341 (Ch) (22 April 2021)

Provident SPV Ltd, Re [2021] EWHC 1341 (Ch) (22 April 2021)

A single class meeting of redress creditors may be convened as all are offered the same commercial deal and no material dissimilarity exists to fracture the class; adequate notice and arrangements for ascertaining wishes are provided; no legal or technical road block prevents convening the meeting.

Citation
[2021] EWHC 1341 (Ch)
Parties
Claimant: Provident SPV Limited
Jurisdiction
England and Wales
Judgment Date
22 April 2021
Procedural Posture
Scheme of Arrangement Application / Application for Order Convening Creditors' Meeting
Outcome
order granted
Legal Topics
Scheme of Arrangement, Creditor Class Composition, Redress Claims, Fairness Assessment, Jurisdictional Threshold, Notice Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 18
Sign in to unlock

Parties

Provident SPV Limited

Claimant

Procedural Posture

Scheme of Arrangement Application / Application for Order Convening Creditors' Meeting

  1. 1 Whether a single class meeting of scheme creditors may be convened
  2. 2 Adequacy of notice to scheme creditors
  3. 3 Existence of jurisdiction under Companies Act 2006

Ratio Decidendi

A single class meeting of redress creditors may be convened as all are offered the same commercial deal and no material dissimilarity exists to fracture the class; adequate notice and arrangements for ascertaining wishes are provided; no legal or technical road block prevents convening the meeting.

Court Disposition

order granted

Orders

  • Order convening a single meeting of scheme creditors in the form set out in the draft order approved by the court