Scheme of Arrangement in UK Law

Leading Cases
  • Re Hawk Insurance Company Ltd
    • Court of Appeal (Civil Division)
    • 23 Febrero 2001

    In each case the answer to that question will depend upon analysis (i) of the rights which are to be released or varied under the scheme and (ii) of the new rights (if any) which the scheme gives, by way of compromise or arrangement, to those whose rights are to be released or varied.

  • Johnson and Another v Davies and Another
    • Court of Appeal (Civil Division)
    • 18 Marzo 1998

    The consequence, as it seems to me, is that the legislature must be taken to have intended that both the question whether the debtor is discharged by the arrangement and the question whether co-debtors and sureties are discharged by the arrangement were to be answered by treating the arrangement as consensual; that is to say, by construing its terms as if they were the terms of a consensual agreement between the debtor and all those creditors who, under the statutory hypothesis, must be treated as being consenting parties.

  • Re Lehman Brothers International (Europe), Lomas v Rab Market Cycles (Master) Fund Ltd)
    • Court of Appeal (Civil Division)
    • 06 Noviembre 2009

    It seems to me that an arrangement between a company and its creditors must mean an arrangement which deals with their rights inter se as debtor and creditor. That formulation does not prevent the inclusion in the Scheme of the release of contractual rights or rights of action against related third parties necessary in order to give effect to the arrangement proposed for the disposition of the debts and liabilities of the company to its own creditors.

  • SISU Capital Fund Ltd v Tucker
    • Chancery Division
    • 09 Septiembre 2005

    There is, in any case, a material difference between the two processes. In relation to a scheme of arrangement, there needs to be approval from each voting class. Accordingly, a separate class can block a scheme of which it does not approve even though the overall scheme may fall within the range of reasonable proposals which that class could adopt without unfairness to any particular member of that class. In contrast, a CVA is determined by a single vote of all creditors.

  • HIH Casualty and General Insurance Ltd, Re; McGrath and Others v Riddell and Another
    • Chancery Division
    • 07 Octubre 2005

    I therefore conclude that there is a significant prospect that, in the absence of schemes of arrangement, winding-up orders would be made. A principal function of provisional liquidators at this stage is to safeguard the assets of the Companies for the benefit of those interested in their distribution in the event of a winding-up. Its effect would be to undermine the proper working-out of the statutory insolvency scheme which would be mandatory if winding-up orders were made.

  • Re T & N Ltd and Others (No 3)
    • Chancery Division
    • 16 Junio 2006

    Nor is an arrangement necessarily outside the section, because its effect is to alter the rights of creditors against another party or because such alteration could be achieved by a scheme of arrangement with that other party.

  • Van Gansewinkel Groep B.v, and Others (Applicants)
    • Chancery Division
    • 22 Julio 2015

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Legislation
  • Bankruptcy (Scotland) Act 2016
    • Scotland
    • 1 de Enero de 2016
    ... ... 2(2)(b)(i) substituted (6.2.2023) by The Bankruptcy and Debt Arrangement Scheme (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I ... ...
  • Bankruptcy Act 1883
    • UK Non-devolved
    • 1 de Enero de 1883
    ... ... purpose of considering whether a proposal for a composition or ... scheme of arrangement shall be entertained, or whether it is expedient ... that ... ...
  • Bankruptcy Act 1914
    • UK Non-devolved
    • 1 de Enero de 1914
    ... ... partners, or an agent or manager, ... nor, where a deed of arrangement has been executed, shall a ... creditor be entitled to present a ... or scheme of arrangement shall be accepted, or whether it is ... expedient that the ... ...
  • Bankruptcy Act 1869
    • UK Non-devolved
    • 1 de Enero de 1869
    ... ... (3.) Make such compromise or other arrangement as may ... be thought expedient with creditors, or persons ... claiming to ... S-28 ... Power of trustee to accept composition or general scheme of arrangement. 28 Power of trustee to accept composition or general ... ...
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Books & Journal Articles
  • Protection of Minorities Against Oppression Under Section 206 of the Companies Act, 1948
    • No. 21-6, November 1958
    • The Modern Law Review
    ... ... Act, 1948, provides that, where a compromise or arrangement is proposed between a company and its creditors and/or ... necessity of obtaining the court’s sanction to any scheme brought under the section, and the court will withhold its ... ...
  • Statutes
    • No. 5-2, November 1941
    • The Modern Law Review
    ... ... in enabling him to arrive at an equitable and reasonable scheme of arrangement with his creditors, and, in particular, a scheme ... ...
  • Schemes of arrangement
    • Contents
    • Law of Insolvent Partnerships and Limited Liability Partnerships
    • Elspeth Berry/Rebecca Parry
    • 23-39
    ... Chapter 2 ... Schemes of Arrangement ... An LLP, but not a partnership, 1 may propose and enter into a scheme of arrangement with its creditors and/or members, or any class of them. Schemes are a remarkable legal framework, having been introduced under the ... ...
  • Leslie Kosmin QC and Catherine Roberts, Company Law Meetings and Resolutions: Law, Practice, and Procedure
    • No. , May 2022
    • Edinburgh Law Review
    • 286-288
    ... ... further types of meetings (class meetings and meetings to approve a Scheme of Arrangement), then written resolutions and the Duomatic principle. It ... ...
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Law Firm Commentaries
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Forms
  • Pension Inquiry Form information needed when a Pension Sharing Order or Pension Attachment Order may be made
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... Pension Inquiry Form ... Insert details of pension scheme here ... Information needed when a ... Pension Sharing Order or ... B. To be completed by the pension arrangement ... This section deals with information required to be provided under the ... ...
  • Pension sharing annex under [section 24B of the Matrimonial Causes Act 1973] [paragraph 15 of Schedule 5 to the Civil Partnership Act 2004]
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... to the order provides the person responsible for the pension arrangement with the information ... required by virtue of rules of court: ... (vi) If the Transferee is also a member of the pension ... scheme from which the credit is derived, or a ... beneficiary of the same scheme ... ...
  • Bankruptcy petition for default in connection with voluntary arrangement
    • HM Courts & Tribunals Service court and tribunal forms
    Forms relating to bankruptcy and insolvency, including the application for a certificate to show your bankruptcy has ended.
    ... ... (l) Give details of the default in connection with the composition or scheme, being the grounds under section 276(1) IA86 upon which the bankruptcy order is sought ... 4. (l) ... Endorsement ... This ... ...
  • T611)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ... ... To be considered ... for the judicial mediation scheme a case ... • must include a discrimination complaint or a complaint of ... relevant by the Vice President ... A telephone mediation arrangement CMD will be arranged quickly thereafter so ... that the Judicial Mediator ... ...
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