The petitioner sought sanction of a Scheme of Arrangement under s899 of the Companies Act 2006, which required the court’s sanction. S899(1) provided that the court could sanction the scheme if it commanded a majority of 75% of either the number or value of their creditors. A dispute arose over the valuation of creditors, with the respondent challenging whether the petitioner was really able to command a 75% majority for sanction of the scheme, due to flaws in its valuations. In order to ...
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The defender entered into construction contracts, under which the pursuer was a sub-contractor. Refinancing of the project led to delays and subsequent claims by the pursuer against the defender. In terms of their contractual agreement, three notices requiring adjudication were served against the defender, and duly granted in December 2009. In this action, the pursuer sought to enforce the three decisions of the adjudicator. The defender opposed enforcement of these decrees on the basis that t ...
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The Appellants appealed against the granting of a Winding Up Order that had been made against them on the ground that they were unable to pay their debts.The Appellants had contended that their debt to the Petitioners/Respondents had been extinguished by a payment of £5,000 made in cash by a former employee to the Respondents’ director. The Sheriff had been given Affidavits provided by the employee and also the Respondents’ Director. The Director stated that he had not rece ...
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Petition: petition for interdict. The petitioner sought to interdict the respondent, the permanent trustee, from seizing or disposing of property forming part of an estate. The relevant estate had been subject to sequestration which had been granted in January 2000. Sequestration was granted following failure to pay a principal sum decerned for at Dumbarton Sheriff court. A petition for recall was refused by Lord Hardie in 2000 and an appeal against that was refused by the Sheriff Principal. Sub ...
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On 10 March 2009 following the issuing of the Opinion of the court the case was continued to enable parties to implement that decision. Susequently the petitioner's shareholding in the company was purchased for £469,800 and on 26 October 2009 parties agreed that the prayer of the petition should be dismissed. Here the petitioner sought the expenses of the petition against the respondent and an additional fee in terms of Rule of Court 42.14(3). These motions were opposed by the respondent wh ...
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Sigma is a structured investment vehicle, whose business involved acquiring asset-backed securities and other instruments, using funds raised by issuing or guaranteeing US dollar and Euro medium term notes (MTNs) as well as liquidity from other sources, such as facilities, derivatives, repurchase contracts and capital notes. All of Sigma’s assets were secured in favour of its secured creditors upon the terms of a Security Trust Deed (STD) made between Sigma and Deutsche Trustee Compa ...
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This was an application to wind up Kirkbride Investments Limited, a company engaged in property development in Scotland with the assistance of secured lending which the petitioners provided, and for the appointment of joint provisional liquidators. The petitioners contended that the company was incorporated overseas in Gibralter in order to obtain tax advantages in the United Kingdom. The petitioners demanded repayment of the sums due in accordance with the terms on which petitioners financed th ...
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The appellant Polish Company (E) appealed against a decision that arbitrators were correct to apply English law to the question whether an arbitration against E should proceed once E had been declared bankrupt in Poland. If an action had been begun or a reference to arbitration had been constituted in a Member State other than that in which insolvency proceedings had been opened, the case would fall with Regulation 1346/2000 art.15 and the law of the Member State where the legal action had begun ...
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A reinsurer’s failure to replenish a trust account set up under an agreement with an insurance company did not make the insurer a creditor of the reinsurer. Accordingly, the insurer did not have locus standi to bring a winding-up petition in respect of the reinsurer.
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The appellant building society appealed against a decision granting an application by the trustee in bankruptcy to discharge a charging order obtained over the share of the bankrupt in a property. Held that a judgment creditor who had obtained a final charging order before the making of a bankruptcy order was not to be deprived of the benefit of his security by reason of the bankruptcy alone.
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