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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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