In the Matters of Apcoa Parking Holdings GmbH and Apcoa Parking Deutschland GmbH (Companies Incorporated in Germany) and Others
| Jurisdiction | England & Wales |
| Judge | Mr Justice Hildyard,The Honourable Mr Justice Hildyard |
| Judgment Date | 19 November 2014 |
| Neutral Citation | [2014] EWHC 3849 (Ch) |
| Docket Number | Case Nos: 6596, 6599, 6600, 6601, 6604, 6607, 6610, 6611 and 6613 of 2014 |
| Court | Chancery Division |
| Date | 19 November 2014 |
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30 cases
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Discovery (Northampton) Ltd v Debenhams Retail Ltd
...(because the rent has been reduced). 79 Mr Bayfield QC relied upon some observations of Hildyard J in Re APCOA Parking Holdings GmbH [2015] Bus LR 374. Some scheme creditors provided an indemnity to banks who issued guarantees under a secured facility: under the arrangement it was proposed ......
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Algeco Scotsman Pik S.A. (Claimant)
...it is an example, if one has to use the phrase, of "good forum shopping". 58 I reiterate what I said in Apcoa Parking Holdings GmbH [2014] EWHC 3849 (Ch) where I also accepted that a change in jurisdiction clause for the purpose of opening the gateway to the English scheme jurisdiction was ......
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AIRASIA X BERHADS. Suhendran vs Kwan Will SenBOC AVIATION LIMITED
...Bank NV) and other v. TT International Ltd and another appeal [2012] SGCA 9 („Royal Bank of Scotland’); Re Apcoa Parking Holdings GmbH [2015] 2 BCLC 659 at 674, para [45] („Re [48] Although the issue of creditors‟ classification was once thought better left to be determined at the Sanction ......
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Global Garden Products Italy S.P.A.
...EWHC 1104 (Ch), [2011] Bus LR 1245, [2012] BCC 459 ("Rodenstock") and were most recently tested before Hildyard J in Re Apcoa GmbH [2014] EWHC 3849 (Ch), [2015] Bus LR 374, [2015] BCC 142 ("Apcoa") (a case in which permission to appeal to the Court of Appeal was granted, but the appeal wa......
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4 books & journal articles
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Table of Cases
...Ltd [1922] 2 Ch 723 35, 36 Antal International Ltd, Re [2003] EWHC 1339 (Ch), [2003] 2 BCLC 406 159 Apcoa Parking Holdings GmbH, Re [2014] EWHC 3849 (Ch) 23 Apton New Homes v Tack (unreported), 19 June 1998 81 AR v Aviation Ltd, Re (1988) 4 BCC 708 162 Arbuthnot Leasing International Ltd v ......
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Schemes of arrangement
...(Ch), (2013) 163(7588) NLJ 20; Re Zodiac Pool Solutions SAS [2014] EWHC 2365 (Ch), [2014] BCC 569; Re Apcoa Parking Holdings GmbH [2014] EWHC 3849 (Ch); see further Jennifer Payne, ‘Cross-border schemes of arrangement and forum shopping’ (2013) 14 EBOR 563–589) and a UK registered bank ( Re......
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Bankruptcy Shopping: Domestic Venue Races and Global Forum Wars
...Re Magyar Telecom BV, [2013] EWHC (Ch) 3800 (Eng.).105. See Re APCOA Parking Holdings GmbH and others [2014] EWHC (Ch) 3849.The APCOA court did warn against decisions to change the law when the new choice of law "appears entirely alien to the parties' previous arrangements and/or with which......
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THE GIBBS PRINCIPLE
...EWHC 3778 (Ch) at [17]–[18]. 48Re AI Scheme Ltd[2015] EWHC 1233 (Ch) at [26]. 49 In Re AI Scheme Ltd[2015] EWHC 2038 (Ch). 50[2014] EWHC 3849 (Ch). 51Re Apcoa Parking Holdings GmbH[2014] EWHC 3849 (Ch) at [11]. 52Re Apcoa Parking Holdings GmbH[2014] EWHC 3849 (Ch) at [205]. 53Re Apcoa Parki......