CR-2025-005763 and CR-2025-005674 - [2025] EWHC 2318 (Ch)

The MidCo Scheme Company is incorporated in England and Wales. I am satisfied that it is a “company” for the purposes of s895(2)(b) of CA 2006.

There is, in my judgment, a clear element of give and take, and it is clear that the MidCo Scheme embodies a “compromise or arrangement”.

The analysis in relation to the deed of contribution strikes me as similar to that I have outlined in relation to the SWS Scheme.

I was referred to the fact that there remains some conditionality about the MidCo Scheme, but that conditionality is not objectionable for present purposes. It may be necessary, when it comes to sanction, to ask whether there is a realistic prospect that the scheme will take effect, but that is not a roadblock to convening a scheme meeting.