In re Cape plc

Subject Matter

COMPANY — Scheme of arrangement — Sanction of court — Companies proposing scheme to provide settlements for asbestos claims over long period of time — Scheme allowing for future amendment of terms — Whether court having jurisdiction to sanction scheme — Whether unlawfully excluding or restricting companies' liability for death or personal injury — Unfair Contract Terms Act 1977, s 2(1) — Companies Act 1985 (as amended by Insolvency Act 1985, s 109(1), Sch 6, para 11), s 425(1)

[2006] EWHC 1316 (Ch); [2007] Bus LR 109; [2006] 3 All ER 1222; [2007] 2 BCLC 546; The Times, 5 July 2006, Ch D

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