Insolvency

Company voluntary arrangement

Discovery (Northampton) Ltd and others v Debenhams Retail Ltd and others

  • Chancery Division
  • 19 September 2019
  • Norris J
  • [2019] EWHC 2441 (Ch)
  • [2019] EGLR 47
Insolvency – Company voluntary arrangement (CVA) – Validity – Claimant landlords challenging defendant retailer’s CVA – Whether CVA beyond jurisdiction in section 1 of Insolvency Act 1986 – Whether CVA unfairly prejudicial to claimants under section 6(1)(a) of 1986 Act – Whether removing right of claimants to forfeiture abrogating claimants’ proprietary rights outside CVA jurisdiction – Whether claimants treated less favourably than other unsecured creditors without proper justification – Whether CVA failing to comply with contents requirements of Insolvency Rules 2016 – Claim allowed in part The claimants were landlords of commercial premises leased to the first defendant company, one
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