Following the Court of Appeal’s judgment in Darty Holdings SAS v Carlton-Kelly [2024] B.C.C. 119, this article looks at some of the possible risks for lenders who are sole signatories on blocked accounts, in respect of their security and their role as regards borrowers.
28 JUN 2024This article looks at Oceanfill Limited v (1) Nuffield Health Wellbeing Limited and (2) Cannons Group Limited [2022] EWHC 2178 (Ch) (Oceanfill), which was the first case in which the court (in a judgment of Deputy Master Arkush) determined the effect upon third-party guarantors of restructuring plans arising for sanction under Pt 26A of the Companies Act 2006. It considers the similarities in the court’s approach to schemes of arrangement and restructuring plans respectively, as well as the application of standard contractual principles in this area.
1 JAN 2023