Articles by author
English schemes of arrangement, restructuring plans, insolvency proceedings and the impact of sanctions legislation
This article explores the treatment of sanctioned creditors under English schemes of arrangement and restructuring plans, considering the impact of sanctions legislation on class structures and voting, the receipt of consideration and the impact of disenfranchisement in the context of bond restructurings. Separately, it also briefly considers the treatment of voting rights of sanctioned creditors in bankruptcy proceedings.
22 NOV 2024English schemes and the Cape Town Convention
The impact on the aviation sector of the COVID-19 pandemic and governmental restrictions on air travel and other movement controls has been severe and has resulted in a number of airline restructurings. This article examines the use by an airline of a scheme of arrangement under Pt 26 of the Companies Act 2006 (2006 Act), as a mechanism for effecting a compromise with certain of its creditors, and the interplay between a scheme and those creditors’ rights under the Cape Town Convention and associated Aircraft Protocol (CTC), as implemented in the UK by The International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 (Regulations). These considerations arose in the decisions of the English court in MAB Leasing Limited.1
1 MAY 2021
