Chancery Division of the High Court
CR-2025-005763 and CR-2025-005674 - [2025] EWHC 2318 (Ch)
Fecha: 02-Sep-2025
Comparators – the approach I take
Comparators – the approach I take
There is certainly nothing obviously flawed with either formulation of the comparator. As a director of relevant companies, Mr Ledger can be presumed to have a good understanding of what would happen if the particular Schemes are not implemented. No one has today indicated that either formulation of the comparator is wrong. I acknowledge that CBA may wish to adduce a competitor analysis of the correct comparator to the MidCo Scheme, and I am certainly not prejudging the outcome should they do so. However, for the purposes of today I will proceed on the basis that the comparators to both Schemes are as I have summarised above.
- 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