This chapter explores different approaches used in schemes and CVA's, such as the honest and reasonable person approach and the horizontal comparator. It discusses the case of depotion and the modification of judges' stance on approving plans. The chapter also highlights the difference between single class and multiple class scenarios, and the allocation of restructuring surplus.
On 21 April this year, the High Court sanctioned Adler Group's UK Restructuring Plan, enabling the group to pursue a solvent wind-down of operations and sale of assets over a two-year period.
But one group of creditors was pretty peeved by the plan (understatement of the century).
In this week's episode of our Cloud 9fin podcast, 9fin editor Chris Haffenden and restructuring lawyer Freddie Doust do their best to explain some of the key themes from the Adler hearing in the Court of Appeal last week and what it might mean for UK Restructuring Plans in the future.