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England and Wales decisions
Decisions matching the current search
Conway & Ors v Plass & Ors [2025] EWHC 2625 (Ch) (15 October 2025)
The High Court held that simply not performing Argentex customer contracts did not create administration expenses, and closing them out did not give ITM customers super-priority.
State Bank of India & Ors v Mallya [2025] EWHC 858 (Ch) (09 April 2025)
High Court appeal in Vijay Mallya’s bankruptcy proceedings: the court held the Indian judgments did not establish security for English insolvency purposes, and the bankruptcy order remained.
Statutory interest in respect of Claim D (PLC Sub-Notes) falls to be paid before the principal payable under Claim C (PLC Sub-Debt), based on the contractual subordination provisions and the application of IR 14.23(7). Claim C is subordinated to Claim D for both principal and statutory interest, and statutory interest is not an Excluded Liability under Claim C. The contractual definitions and the broad meaning of 'in respect of the Notes' encompass statutory interest. IR 14.23(7) does not override contractual priority. The issue is not res judicata or abuse of process.
Source excerpt
DB must pay LBHI the costs of its failed Strike Out Application, to be assessed if not agreed, as the Strike Out Application was a separate and unsuccessful proceeding. The substantive costs of Issue (1) are to be paid by LBHI to GP1 and DB, subject to detailed assessment. Set-off of costs between LBHI and DB is ordered if not agreed.
Source excerpt
The High Court sanctioned AGPS BondCo PLC’s Part 26A restructuring plan, including cross-class cram down of dissenting 2029 noteholders, and upheld the issuer substitution under German law.
The Joint Administrators of Lehman Brothers Holdings PLC v LB GP No.1 Ltd & Ors (Re Consequential Matters) [2023] EWHC 3317 (Ch) (21 December 2023)
The court decided consequential costs issues after the main Lehman Brothers judgment and refused permission to appeal, ordering a separate costs order for the failed strike-out application.
Lehman Brothers Holdings Plc, Re [2023] EWHC 3056 (Ch) (29 November 2023)
The High Court held that statutory interest on Lehman’s subordinated notes ranks ahead of principal on a lower-ranking subordinated debt claim.
SMA Investment Holdings Ltd v Harbour Fund II LP & Ors [2023] EWHC 428 (Comm) (28 February 2023)
The High Court rejected an adjournment and jurisdiction challenge, and held SMA must transfer shares held on bare trust to the new trustees. Minardi's LICSA claims were personal only.
Phoenix Group Foundation v Harbour Fund II LP & Ors [2023] EWCA Civ 36 (20 January 2023)
The Court of Appeal held that a settlement agreement did not amount to an immediate equitable assignment of future liquidation distributions to Phoenix.
The Court of Appeal held that the LICSA did not amount to an equitable assignment of future liquidation distributions to Phoenix, and dismissed the appeal.
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