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15 July 2022
Issue: 7987 / Categories: Case law , In Court , Law digest
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Law digests: 15 July 2022

Company

Re ALL Scheme Ltd [2022] EWHC 549 (Ch), [2022] All ER (D) 121 (Mar)

The Chancery Division allowed an application, brought by a newly established company which had executed a deed poll to assume joint liability to creditors of a group of companies (Amigo), for permission to convene simultaneous scheme meetings to consider two alternative schemes of arrangement under Part 26 of the Companies Act 2006, namely the New Business Scheme (NBS) and the Wind-Down Scheme (WDS), in circumstances where Amigo, providers of guarantor loans, faced a significant number of claims, made through the Financial Ombudsman (FOS fee claims) or otherwise (redress claims), in relation to their mis-sale of loans based on the affordability for the customers. The court held that: (i) as in Re Port Finance Investment Limited [2021] EWHC 378 (Ch), there was no obvious ‘roadblock’ which would lead the court at the sanction hearing to consider that the release of Amigo companies and their directors by way of the deed of release fell outside the scope of Part 26; (ii) there had been no sufficiently material dissimilarity

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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