Re Hawk Insurance Company Ltd
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE CHADWICK,LORD JUSTICE PILL,MR JUSTICE WRIGHT |
| Judgment Date | 23 February 2001 |
| Neutral Citation | [2001] EWCA Civ 241 |
| Docket Number | Case No: 2000/0033/A3 |
| Court | Court of Appeal (Civil Division) |
| Date | 23 February 2001 |
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156 cases
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Re Millstream Recycling Ltd
...COMPANIES ACT 1963 S201 COMPANIES ACT 1963 S201(2) COMPANIES ACT 1963 S201(3) COMPANIES ACT 1985 S425 (UK) HAWK INSURANCE CO LTD, IN RE 2002 BCC 300 2001 2 BCLC 480 PYE (IRL) LTD, IN RE UNREP COSTELLO 11.3.1985 1985/3/652 PALMER & SCHMITTHOFF PALMERS COMPANY LAW 23ED 1982 PRACTICE STATEMENT......
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Re British Aviation Insurance Company Ltd
...in the course of being wound up, on the liquidator and contributories of the company" Overview 54 As Chadwick LJ pointed out in Re Hawk Insurance Co Ltd [2001] 2 BCLC 480 the approval of a scheme of arrangement is a three-stage process. Since the opposing creditors make criticisms of each s......
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Re Telewest Communications Plc
...which the terms of the scheme should be assessed are their rights in a liquidation. This applies the principle established in Re Hawk Insurance Co Ltd [2001] 2 BCLC 480 and other authorities. The choice of the Average Exchange Rate, as against the spot rate on the Record Date, involves a de......
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Flynn (A Debtor) Personal Insolvency Acts
...in Sovereign Life Assurance v. Dodd [1892] 2 QB 573 and the more recent decision of the same court in Re. Hawk Insurance Co. Ltd. [2001] 2 BCLC 480. 11 In Sabrina Douglas, Baker J. commenced her analysis of the issue by quoting from the well-known judgment of Bowen L.J. in the Sovereign L......
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4 firm's commentaries
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Bermuda Schemes Of Arrangement: Delivering Global Restructurings And Reorganisations
...under Section 99 of the Companies Act 1981', which follows the English Court of Appeal's decision in Re Hawk Insurance Co Ltd [2001] 2 BCLC 480 and parallels UK Practice Direction 'Scheme of Arrangements with Creditors' [2002] 3 All ER Kader Holdings Company Limited v Desarrollo Immobiliari......
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COVID-19 UK: The Corporate Insolvency and Governance Act 2020 – The UK Restructuring Plan
...[8] This rule is found in Re Hawk Insurance Co Ltd [2001] EWCA Civ 241 and codified in a Practice Statement on 15 April 2002 [9] [2002] BCC 300 at [30] [10] Re Telewest Communications [2004] BCC 342 Scott MorrisonDominic O'Brienmore information see our note on class composition in relation ......
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English Law Schemes of Arrangement: Class Composition
...so easily dismissed. 1Or, as is more typical in financial restructurings, creditors. 2This rule is found in Re Hawk Insurance Co Ltd [2001] EWCA Civ 241 and codified in a Practice Statement on 15 April Stephen PhillipsScott Morrison...
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English Law Schemes Of Arrangement: Class Composition
...dismissed. Footnotes Or, as is more typical in financial restructurings, creditors. This rule is found in Re Hawk Insurance Co Ltd [2001] EWCA Civ 241 and codified in a Practice Statement on 15 April The content of this article is intended to provide a general guide to the subject matter. S......
6 books & journal articles
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Table of Cases
...2 EGLR 15 235 Harris Bus Co Ltd, Re [2000] BCC 1151 142, 160 Harrison-Broadley v Smith [1964] 1 WLR 456 20 Hawk Insurance Co Ltd, Re [2001] EWCA Civ 241, [2001] 2 BCLC 480 24, 25, 28, 29, 30, 31, 37 Hawkes Hill Publishing Co Ltd (in liq), Re [2007] BCC 937 550 Henry Pound, Son & Hutchins, R......
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Schemes of arrangement
...plc [2000] 1 BCLC 740 at 742. 10 Practice Statement (Companies: Schemes of Arrangement) [2002] 1 WLR 1345. 11 Re Hawk Insurance Co Ltd [2001] EWCA Civ 241, [2001] 2 BCLC 480 at [12]. 12 Re Hawk Insurance Co Ltd [2001] EWCA Civ 241, [2001] 2 BCLC 480 at [12]. have been met, whether the class......
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Debt Restructuring and Notions of Fairness
...on a change in77 Practice statement [2002] I WLR 1345.78 Companies Act 2006, s 899(1).79 See, for example, Re Hawk Insurance Co Ltd [2001] 2 BCLC 480 at [23].80 Primacom Holding GmbH vA Group of the Senior Lenders & Credit Agricole [2013] BCC 201 at[49].612 C2017 The Author. The Modern Law......
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Insolvency Law
...to vote the full amount of his contingent claim as if it had actually been proven. Agreeing with the approach taken in Re Hawk Insurance[2001] 2 BCLC 480, the Court of Appeal held that in future cases, a proposed scheme should provide for the differential weighting of claims at the stage of......
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