In the High Court of Justice

Business & Property Courts in Leeds, Companies and Insolvency List (ChD) Court Number: CR-2024-LDS-000484

BALBY HEALTH-CARE LTD

(Company Number 06788127)

Trading Name: Balby Late Night Pharmacy

Registered office: C/O Wilson Field, The Manor House, 260 Ecclesall Road South, Sheffield, S11 9PS

Principal trading address: Greenfield Lane, Balby, Doncaster, DN4 0TH

Notice is hereby given, pursuant to Rule 15.13 of the Insolvency (England and Wales) Rules 2016, ("the Rules”), following the Joint Administrators report and statement of proposals (“the Proposals”) being issued on 7 June 2023, a creditor who meets the relevant thresholds pursuant to Section 246ZE of the Insolvency Act 1986 has submitted a written request for a decision to be held, in this case to consider the approval of the Proposals and all pertinent decisions therein.

The Joint Administrators are seeking a revision to the Proposals as they are proposing to restrict their fees in order to facilitate a distribution to the Company’s unsecured creditors (other than via the Prescribed Part) which in turn changes the statutory purpose of the Administration being pursued. The Joint Administrators have circulated their revised proposals (“the Revised Proposals”).

Accordingly, the Joint Administrators of the above-named Company, as the conveners of the meeting (the ‘conveners’), are seeking a decision from creditors on the following matters by way of a virtual meeting:

1) That the Joint Administrators’ revised proposals for achieving the purpose of the Administration, as set out in the Revised Proposals be approved;

2) Under Rule 3.52 of the Rules and in the absence of a creditors’ committee, the unpaid pre-Administration costs as detailed within the Revised Proposals be approved;

3) Under Rule 18.16 and 18.18 of the Insolvency Rules and in the absence of a Creditors' Committee, that the basis of the Administrators' remuneration be fixed as time costs subject to a cap of £60,000, as detailed in the Administrators' Revised Proposals statement

4) The Joint Administrators will be discharged from liability under Paragraph 98(2)(b) of Schedule B1 to the Insolvency Act 1986 (“the Act”) immediately upon their appointment as Administrators ceasing to have effect.

5) Whether a creditors’ committee should be established if sufficient creditors are willing to be members of a committee and if so, who the creditors’ wish to nominate for membership of the committee.

This follows a request for a requisitioned decision from one or more creditors under Paragraph 52(2) of Schedule B1 to the Insolvency Act 1986.

The meeting will be held as a virtual meeting by video conference on 17 July 2024 at 11.00am. Details of how to access the virtual meeting are included in the notice delivered to creditors. If any creditor has not received this notice or requires further information please contact the Joint Administrators using the details below.

A creditor may appoint a person as a proxy-holder to act as their representative and to speak, vote, abstain or propose resolutions at the meeting. A proxy for a specific meeting must be delivered to the chair before the meeting. A continuing proxy must be delivered to the Joint Administrators and may be exercised at any meeting which begins after the proxy is delivered. Proxies may be delivered to Wilson Field Limited, The Manor House, 260 Ecclesall Road South, Sheffield, S11 9PS.

In order to be counted a creditor’s vote must be accompanied by a proof in respect of the creditor’s claim (unless it has already been given). A vote will be disregarded if a creditor’s proof in respect of their claim is not received by 4pm on 16 July 2024 (unless the chair of the meeting is content to accept the proof later). A creditor who has opted out from receiving notices may nevertheless vote if the creditor provides a proof of debt in the requisite time frame. Proofs may be delivered to Wilson Field Limited, The Manor House, 260 Ecclesall Road South, Sheffield, S11 9PS.

Date of Appointment: 29 May 2024

Office Holder Details: Kelly Burton (IP No. 11750) and Joseph Fox (IP No. 29292) both of Wilson Field Limited, The Manor House, 260 Ecclesall Road South, Sheffield, S11 9PS

Further details contact: The Joint Administrators, Tel: 0114 235 6780. Alternative contact: Carl Addy, Email: c.addy@wilsonfield.co.uk.

Kelly Burton, Joint Administrator

2 July 2024

Ag SJ40221