On Wednesday 29 April the Outer House of the Court of Session in Edinburgh issued an opinion sanctioning two schemes of arrangement proposed by Premier Oil Plc and Premier Oil UK Limited (together, Premier Oil) (the Schemes). The Court addressed multiple grounds of challenge and did so without hearing live evidence, despite disputes of fact between the parties.
The States of Guernsey has announced the recommendations from the consultation carried out on proposed changes to the Companies (Guernsey) Law 2008. This coincides with a judgment from the Royal Court highlighting the timely nature of proposed changes.
The 2008 Law was the result of a wholesale revision and consolidation of the corporate legal framework. Whilst its focus was on corporate law it also encompassed the insolvency regime in Guernsey. The consultation exercise was to determine what, if any, changes may be required now that the 2008 Law had been in place for some time.
Everyone is familiar with the story of the dashing Musketeers – Porthos, Athos, Aramis and d’Artagnan- and their inspirational motto. At the end of his adventures, one member of this famous band retired in order to marry the widow of a wealthy French lawyer, for whom the rallying cry might well have had a different significance.
Litigation is not always about money. Sometimes, it really is about the principle of the thing. Sometimes there are rights at stake which cannot be measured in financial terms. Usually, though, litigation is born of a financial loss and ultimately what matters is that the victor receives his spoils.