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Dodie Tinwell

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Articles by Dodie Tinwell

English Law Creditors Bound by Irish Scheme of Arrangement

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By Prav Reddy, Mark Johnson, Dominique Hodgson, Dodie Tinwell
| Lexology Verified
Executive Summary In a radical departure from settled case law, the English High Court has eroded the protections of English law creditors guaranteed by the Rule in Gibbs1 . In Silverpail Dairy (Ireland) Unlimited Company v. McCarthy [2023] EWHC 895 (Ch), the English High Court applied Irish law to English governed law debt claims, including unpaid amounts owing to HM Revenue and Customs (HMRC), so as to bind English law creditors to an Irish law scheme of arrangement.
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Intercreditor Distressed Disposal Provisions: Pragmatic Decision Provides Certainty for Stakeholders

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By Prav Reddy, Mark Johnson, Dominique Hodgson, Dodie Tinwell
| Lexology Verified
Executive Summary Investors in LMA-based intercreditor agreements1 (ICA) should be reassured by the commercial approach recently taken by the High Court in construing the "Distressed Disposal" provisions (DD Provisions). Galapagos Bidco S.A.R.L. v Dr Frank Kebekus and others [2023] EWHC 1931 (Ch) (Galapagos) is the first judicial determination of DD Provisions in over a decade2. The decision is welcome for confirming that they do precisely what they say on the proverbial tin.
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