RE: Appeal with amendments??? Is this possible??29 May 2021 11:12
Yes but this won’t come from this SOA. Plan should
be, announce a deal to fca, they say yes, we won’t challenge, or we won’t challenge as long as you follow x, y, z processes.
Get independent legal counsel to represent claimants. Then suggest this new improved package and claimants, with the caveat that they speak to legal counsel.
Ultimately I would hope that at a hearing any judge in the world would go, the worse deal had 95% yes vote, you don’t need a vote on an improved deal. But just make sure that we are bullet proof with the option of speaking to independent legal advice, not that they will.
Or if it has to go to the vote again. Option 1 or option 2 or NO. Not this option or insolvency. I also think this would encourage a bigger uptake.
There is another option where we may not need SOA with the permission of the FCA and we settle the claims over a period of years. But then we have to be investigating every claim and being really regimented. But that’s a long shot