CR-2025-005763 and CR-2025-005674 - [2025] EWHC 2318 (Ch)
Fecha: 02-Sep-2025
Adequacy of notice – MidCo Scheme
Adequacy of notice – MidCo Scheme
A similar analysis applies to the MidCo Scheme. The practice statement letter relating to that scheme (the “MidCo Practice Statement Letter”) was sent on 8 August, 23 days before today’s date. I consider that is both adequate notice and that adequate steps have been taken to bring that to the notice of affected creditors. I am reinforced in that conclusion by the fact that there have obviously been previous discussions with MidCo Scheme Creditors. Although CBA only received the Comparator Report yesterday, they have been aware that the MidCo Scheme Company is proposing some sort of “amend and extend” scheme for some time now. Holders of the PP Notes have evidently been able to consider the merits of the MidCo Scheme by reference to the MidCo Practice Statement Letter. I am satisfied that there has been adequate notice of today’s hearing.
I conclude also that there is sufficient notice of the proposed meetings, again having due regard to the urgency of the situation. Overall, I see no reason to decline to convene meetings because of an insufficiency of notice.
- Heading
- Tuesday, 2 September 2025
- BACKGROUND AND OVERVIEW OF THE SCHEMES
- The MidCo Scheme
- COMPARATORS
- Comparator to the MidCo Scheme
- Comparator to the SWS Scheme
- Comparators – the approach I take
- THE MATTERS FOR CONSIDERATION
- Jurisdiction – The MidCo Scheme
- Adequacy of notice – SWS Scheme
- Adequacy of notice – MidCo Scheme
- Class Composition – The Law
- Class analysis – the SWS Scheme
- Class Composition – The MidCo Scheme
- Explanatory Statement
- Conclusions