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England and Wales High Court (Chancery Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Chancery Division) Decisions >> Cimolai SPA & Ors [2023] EWHC 1819 (Ch) (14 July 2023) URL: https://www.bailii.org/ew/cases/EWHC/Ch/2023/1819.html Cite as: [2023] EWHC 1819 (Ch) |
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BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
ISNOLVENCY AND COMPANIES LIST (ChD)
Fetter Lane, London, EC4A 1NL |
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B e f o r e :
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In Re : IN THE MATTER OF CIMOLAI S.P.A. |
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AND IN THE MATTER OF LUIGI CIMOLAI HOLDINGS S.P.A. |
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AND IN THE MATTER OF THE COMPANIES ACT 2006 |
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Hearing dates: 14th July 2023
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Crown Copyright ©
Mr Justice Trower:
"I am inclined to the view that the requirement to show a connection with England and the need to show that the scheme, if approved, will have a substantial effect are not wholly separate questions but, if not aspects of the same question, at least closely related."
"In each case the answer to that question will depend upon analysis (i) of the rights which are to be released or varied under the scheme and (ii) of the new rights (if any) which the scheme gives, by way of compromise or arrangement, to those whose rights are to be released or varied."