OM DENNE EPISODE
The Court’s burgeoning jurisdiction to sanction restructuring plans for companies in financial difficulty in the face of creditor dissent – known as the “cross-class cram down” (“CCCD”) power – under Part 26A Companies Act 2006 has now been the subject of analysis in three high-profile Court of Appeal decisions in Adler, Thames Water and Petrofac.
Simon Passfield KC. Stefan Ramel, and Zachariah Pullar discuss the practical significance of these (and other recent) decisions (including Waldorf Production in which Stefan appeared for HMRC) for the court’s approach to key issues arising under the CCCD jurisdiction – such as allocation of the benefits preserved by the restructuring surplus, provision of new money, and treatment of ‘out of the money’ creditors – as well as areas for future development”
