CR-2025-005763 and CR-2025-005674 - [2025] EWHC 2318 (Ch)
Fecha: 02-Sep-2025
COMPARATORS
COMPARATORS
When I come to consider the proper class constitution, I will need to have regard to the relevant “comparator”, namely what would happen if the Schemes are not sanctioned. In that regard, I have had evidence from Mr Ledger. He is a director of various companies in the MidCo and WBS Groups, including SWS HoldCo and the MidCo Scheme Company. I have also had the benefit of a “Comparator Report” prepared by Mr Dwyer of Interpath that has been prepared subject to the rigours of CPR 35 and is tendered as expert opinion evidence. The Comparator Report cross refers to a “Valuation Report”, also tendered as expert evidence and subject to the rigours of CPR 35, prepared by Mr Ojetola of Interpath.
- 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