Practitioners should be aware that email correspondence can give rise to a valid contractual waiver, and to waiver by estoppel. Where a contract requires a waiver to be given in writing, this can be done by email. An email can be validly signed electronically where: i) ‘individuals’ names are added or form part of the … Read more
This case is notable as it was the first time the High Court awarded security for costs in a matter concerning a challenge to a proposed restructuring plan. Applications for security for costs in connection with Part 26 schemes and Part 26A plans are rare. Nothing in this judgment suggested that was likely to change. … Read more
A case examining whether certain elements of a restructuring plan under Pt 26A Companies Act 2006 were justified and fair. The Court of Appeal tackles in detail some critical principles which restructuring plans under Pt 26A Companies Act 2006 are built upon. It centres upon whether one plan fairly treated all creditors, and whether it … Read more
