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LF Equity Income Fund
Settlement Scheme
Days
Hours
Minutes

Latest Updates

Please see below for the latest and historic updates on the Scheme.

The Hearing is now complete, and the High Court has handed down a judgment sanctioning (i.e. approving) the Scheme. A copy of the judgment and the transcript from the Sanction Hearing is available here.

28th February 2024

On the 28th February 2024 LFSL announced that the Scheme had been sanctioned by the High Court

The High Court has handed down a judgment sanctioning (i.e. approving) the Scheme, following the hearing in front of Mr. Justice Richards (the Judge) on 18 and 19 January 2024 (the Sanction Hearing). The Sanction Hearing was held after 93.7% by number, representing 96% by value, of those Scheme Creditors who voted at the Scheme Meeting on 13 December 2023 voted in favour of the Scheme. On 27 February 2024, the Court issued an order sanctioning the Scheme (the Sanction Order). The Sanction Order was registered with the Registrar of Companies on 28 February 2024. As a result, the Scheme is now binding on LFSL and all Scheme Creditors.

A copy of the judgment and the transcript from the Sanction Hearing is available here. A copy of the Sanction Order is available here

Scheme Creditors do not need to take any action. 

Provided that no appeals are brought against the sanction of the Scheme, the Scheme is expected to become fully effective by 5 March 2024. Payments are then expected to be made to the WEIF around Easter this year for onward payment to Scheme Creditors. However, any appeal to the sanction of the Scheme would be likely to delay payments to Scheme Creditors by at least several months.

The Scheme will affect all Scheme Creditors, regardless of whether they voted for the Scheme or not. They will receive payments in the same way as they have received capital distribution payments in the past.

Further details are available here

19th January 2024

On the 19th January 2024 LFSL released its latest update following the Scheme Sanction Hearing

Judge reserved decision on the sanction of the Scheme, following the Sanction Hearing held on 18 and 19 January 2024

LFSL asked the High Court to sanction (i.e. approve) the Scheme at a hearing held on 18 and 19 January 2024 (the Sanction Hearing). The Sanction Hearing was held after 93.7% by number, representing 96% by value, of those Scheme Creditors who attended and voted at the Scheme Meeting on 13 December 2023 voted in favour of the Scheme.

The Sanction Hearing was heard in front of Mr. Justice Richards (the Judge). The Hearing is now complete and the Judge has indicated that he will aim to issue a draft embargoed judgment to key parties within around two weeks (i.e. by around 2 February 2024), with the issued judgment to be published a week later.

As previously outlined, if the Scheme is sanctioned, and no appeal is made, it is expected that the first payments to Scheme Creditors totalling not less than £183.5 million will be made during March 2024.

LFSL will provide a further update once it is able to do so. LFSL will publish Mr. Justice Richard’s written judgment, together with transcripts of the Sanction Hearing, on the Scheme Website, once they become available. The Scheme Website can be found here: https://lfwoodfordfundscheme.com/.

Scheme Creditors and other interested parties are encouraged to monitor the Scheme Website for further details of the Scheme’s status, and the outcome of the Sanction Hearing.

14th December 2023

On the 14th December 2023 LFSL released its latest update following the scheme meeting.

                                      LF WOODFORD EQUITY INCOME FUND SCHEME OF ARRANGEMENT – OUTCOME OF SCHEME MEETING

Scheme approved by the required majority of Scheme Creditors who attended and voted (in person or by proxy) at a meeting of Scheme Creditors held on 13 December 2023

Link Fund Solutions Limited (LFSL) provides an update on its scheme of arrangement (the Scheme) in relation to the LF Equity Income Fund, formerly the LF Woodford Equity Income Fund (WEIF). A single meeting of Scheme Creditors (the Scheme Meeting) was held on 13 December 2023. The purpose of the Scheme Meeting was to allow Scheme Creditors to consider and, if thought fit, approve the Scheme.

Under the Companies Act 2006, a scheme of arrangement requires the support of a majority in number, representing at least 75% by value, of those persons who attend and vote (in person or by proxy) at a meeting of scheme creditors. The required majority of Scheme Creditors approved LFSL’s Scheme.

Work is ongoing to verify the votes cast at the Scheme Meeting. However, provisional numbers are set out below. The final numbers will be released prior to the Sanction Hearing.

Over 54,000 Scheme Creditors attended the Scheme Meeting in person, or by proxy. Of the Scheme Creditors who voted, approximately 93.7% in number, representing approximately 96.1% in value, voted in favour of the Scheme. Where an institution is the beneficial owner of shares, it only had one vote. As the Scheme has comfortably met the statutory threshold for approval, LFSL will now ask the Court to sanction the Scheme at a second Court hearing on 18 January 2024 (the Sanction Hearing).

The vote was open to all investors who held investments in the WEIF at the time of its suspension on 3 June 2019 (Scheme Creditors). In accordance with the order of the High Court issued on 13 October 2023, Scheme Creditors’ votes were valued at their proportionate share of the FCA Total Amount of £298,403,919.

Provisional result of the Scheme Meeting
Further, provisional, information on the outcome of the Scheme Meeting is provided below. LFSL intends to publish a transcript of the Scheme Meeting on the Scheme Website (https://lfwoodfordfundscheme.com/) in due course.

 

Number For
(%)

Number Against
(%)

Value For
(%)

Value Against
(%)

Individual Scheme Creditors: who submitted a Voting Form in their own name    

90.2%

9.8%

85.5%

14.5%

Individual Scheme Creditors: who voted by an Authorised Representative

99.4%

0.6%

98.7%

1.3%

Institutional Scheme Creditors

100.0%

0.0%

100.0%

0.0%

Total

93.7%

6.3%

96.1%

3.9%

Individual Scheme Creditors comprise all Scheme Creditors other than Institutional Scheme Creditors (see note 3 below).

Scheme Creditors could submit a Voting Form in their  own name. Alternatively, a person with authority to act on behalf of the Scheme Creditor (an Authorised Representative), could submit a Voting Form on the Scheme Creditor’s behalf. Authorised Representatives included wealth managers and other financial intermediaries with authority to vote on their Scheme Creditor clients’ behalf, trustees, and executors of estates.

Institutional Scheme Creditors are corporate entities who held a beneficial interest in the WEIF as at the Record Date. Institutional Scheme Creditors include (among others) ‘funds of funds’, pension funds, and custodians.

A spokesperson for LFSL comments: “With this vote, investors have demonstrated their strong support for the Scheme. We actively sought to reach as many Scheme Creditors as possible to ensure they had their say and are extremely grateful to all investors who made their voices heard.

“This is an important step for the Scheme, and the establishment of the Settlement Fund, which LFSL has always believed is the best option available for investors as it materially enhances the amount of redress available from LFSL and provides the fastest route for redress possible.”

The Sanction Hearing

Given the strong show of support from Scheme Creditors, LFSL intends to seek an order from the Court sanctioning the Scheme at the Sanction Hearing on 18 January 2024. If approved by the Court, the Scheme will affect all Scheme Creditors, irrespective of whether they voted at the Scheme Meeting or not. Payments to Scheme Creditors will commence in the first quarter of 2024.

Next steps for Scheme Creditors

Scheme Creditors who do not wish to oppose LFSL’s application to Court for an order sanctioning the Scheme do not need to take any further action.

Scheme Creditors or other persons who wish to make submissions at the Sanction Hearing should refer to the Convening Order, which is available on the Scheme Website at https://lfwoodfordfundscheme.com/documents/.

Further information on the Scheme

The Scheme offers Scheme Creditors certainty of payment from a Settlement Fund of up to £230 million. If the Scheme is approved on 18 January 2024, LFSL expects to make an initial payment of between £183.5 million and £200 million during the first quarter of 2024. The Settlement Fund includes all of LFSL’s available assets and a voluntary contribution of £60 million from LFSL’s parent company.

The Scheme will settle all purported, disputed and threatened claims that Scheme Creditors have or could bring against LFSL, and other members of the Link Group, in relation to the WEIF. This allows LFSL to make the maximum possible payment to Scheme Creditors, at the earliest opportunity. Representatives of PwC will be appointed to supervise the Scheme.

Ever since the practice statement letter was published on 7 September 2023, LFSL has actively sought to contact as many Scheme Creditors as possible to inform them about the Scheme, and their opportunities to have their voices heard. This included contacting investors in the WEIF directly, or via their investment platform or broker. LFSL has also conducted a national advertising campaign, with information about the Scheme and the voting deadlines being run on national television, print and online media and Facebook.

The Financial Conduct Authority (FCA) continues to consider that the Scheme offers the quickest and best way to return as much money to investors as possible than might be achieved by any other means.

Key dates in the Scheme timeline:

● 18 January 2024 – The Sanction Hearing. As Scheme Creditors have voted in favour of the Scheme, LFSL will ask the Court to approve the Scheme at this Court hearing.
● 9am 9 February 2024 – expected Effective Time. The Scheme will become fully effective on this date if the Court orders the sanction of the Scheme after the Sanction Hearing on 18 January 2024 and no appeal of that decision is made within 21 days of the Sanction Order being made.
● By 31 March 2024 – The first payments from the Settlement Fund, estimated to be between £183.5 million and £200 million, are expected to be made as soon as the first quarter of 2024 if the Scheme is approved.

Summary of the Settlement Agreement
As announced by the FCA and LFSL on 19 and 20 April 2023, LFSL has agreed to make a substantial payment to investors who held investments in the WEIF at the time of its suspension on 3 June 2019. The settlement was subject to:

● The completion of a sale of Link Group’s Fund Solutions’ business, which includes LFSL’s business and other additional assets owned by other companies in its group, to the Waystone Group. The sale completed on 9 October 2023; and
● The approval of the Scheme by the Court and by a majority of investors in number (more than 50%) and representing 75% or more in value of those that vote. Investors have voted in favour of the Scheme, and the Court will be asked to sanction the Scheme on 18 January 2024.

The Settlement Fund will comprise all of LFSL’s available assets following the sale of its business (which completed on 9 October 2023), plus a voluntary contribution from Link Group of up to £60 million and insurance proceeds of up to £48 million (the Settlement Fund). LFSL estimates this will provide an expected settlement fund of up to £230 million which will be paid to Scheme Creditors via the LF Equity Income Fund (formerly, the LF Woodford Equity Income Fund) (the WEIF). Link Group will also voluntarily contribute £2.5 million towards the costs of implementing the Scheme.

The first distributions from the Settlement Fund are estimated to be between £183.5 million and £200 million and are expected to be made as soon as the first quarter of 2024. LFSL has set a prudent Reserve Amount of £46.5m to cover certain cost contingencies. This means payments can be made to investors much earlier than would otherwise be the case. The Reserve Amount will be reviewed on a regular basis by LFSL and Scheme Supervisors (who will be representatives of PwC) and further distributions will be made to investors if the cost contingencies are released.

The FCA’s assessment of the redress that LFSL should be required to pay following its investigation is approximately £298m. However it is important to note that this is not a binding or final determination, and LFSL will continue to dispute all liability if the Scheme does not proceed. The compensation to be paid through the Scheme is up to approximately 77% of the amount that the FCA states LFSL should pay.

It is important to note that none of the assets in the WEIF are being used to fund the Scheme. Over the past few years, any money raised from selling assets in the WEIF has been distributed to investors and this process will continue in exactly the same way with the remaining assets of the WEIF, regardless of the Scheme outcome. The net asset value of the WEIF on the Suspension Date was approximately £3.6 billion. If the Settlement Fund is distributed in full, then it is estimated that investors will receive about 80% of the net asset value of the WEIF at the point of suspension taking into account what has been paid to investors to date and the most recent quarterly valuation of the remaining assets of the WEIF to be sold. It should be noted that the value of those remaining assets may increase or decrease.

If the Scheme becomes effective, all Scheme Creditors, even those that voted against the Scheme or who did not vote at all, will be affected by it. Once implemented, the Settlement Fund will be paid to the WEIF, which will distribute it to each of its members proportionally based on the number and class of shares they hold. Once the Scheme has been implemented, Scheme Creditors will no longer be able to make any claim against LFSL, Link Group and other entities and persons in the Link Group of companies (the Released Parties). Scheme Creditors will continue to be able to bring claims against parties other than the Released Parties. However, Scheme Creditors’ recoveries from those claims may be reduced by the amount of any contribution claims that third parties may bring against LFSL in relation to such proceedings.

LFSL entered into the conditional settlement agreement with the FCA and Link Group expressly on the basis that there is no admission of liability. LFSL’s rights in respect of the Settlement are expressly and entirely reserved unless and until the Scheme becomes fully effective. If the Scheme does not go ahead, LFSL intends to defend itself against the claims made against it. Such litigation may take several years to conclude and no payments will be made in the meantime. If LFSL is successful in its defence of those claims, it may not be required to pay anything at all to investors in respect of their claims (or may be required to pay less than the amount being offered in the Scheme). Even if LFSL is unsuccessful in defence of those claims, there will be less money available from LFSL to pay to relevant investors because, amongst other things, Link Group will not make its voluntary contribution to the Scheme or LFSL’s costs, meaning that £62.5 million (which includes an additional contribution of £2.5 million towards the costs of the Scheme) will not be available to investors. In addition, the cost of LFSL’s defence may be significant and will reduce the amount of money that LFSL will have available to pay compensation to the relevant investors.  

27th November 2023

On the 27th November 2023 LFSL released its latest update encouraging investors who have not yet voted to vote on the Scheme.

                                                               Last Chance to Vote on LF Woodford Equity Income Fund Scheme of Arrangement        

The 4 December deadline to register to vote on Link Fund Solutions Limited’s (LFSL) proposed scheme of arrangement (Scheme) is just seven days away. Investors in the LF Equity Income Fund, formerly Woodford Equity Income Fund (WEIF), who have not yet voted on the Scheme are encouraged to do so. The vote is open to all investors who held investments in the WEIF at the time of its suspension on 3 June 2019 (Scheme Creditors).

The Board of LFSL believes that the Scheme is in the best interest of Scheme Creditors as it offers certainty of payment from a Settlement Fund of up to £230 million, with an initial payment of between £183.5 million and £200 million expected to be made in the first quarter of 2024 if the Scheme is approved. The Settlement Fund includes all of LFSL’s available assets and a voluntary contribution of £60 million from LFSL’s parent company.

The Scheme will settle disputed claims against LFSL brought by the Financial Conduct Authority (FCA) and certain investors in the WEIF, and has been designed to allow LFSL to make the maximum possible payment at the earliest opportunity, with representatives of PwC being appointed to supervise the Scheme’s use of the Settlement Fund.

The FCA continues to consider that the Scheme offers the quickest and best way to return as much money to investors as possible than might be achieved by any other means and as such encourages investors to consider it.

A spokesperson for LFSL comments: “It’s important that investors make sure their voices are heard with the deadline for voting on the Scheme just seven days away. We continue to believe the Scheme is the best option available for investors, both materially enhancing the amount of redress available from LFSL and providing the fastest route for redress possible. Without the Scheme there is no guarantee of any compensation for investors”.

The Scheme requires the support of at least 75% by value and more than 50% in number of Scheme Creditors voting on the Scheme. Where an institution is the beneficial owner of shares and holds these on behalf of clients, it only has one vote.

If the Scheme is not approved, LFSL will continue to dispute the claims made against it, and resolving these disputes is likely to take years. Regardless of whether LFSL is successful, it will result in less money being available from LFSL to pay to relevant investors due to the cost of LFSL’s defence against those claims, and as a contribution of £60 million from our parent entity will not be paid. While the Financial Services Compensation Scheme (FSCS) has confirmed that it will consider claims in accordance with its rules if the Scheme does not proceed, it has not made any determination as to whether any claim against LFSL is eligible for compensation.

LFSL has actively sought to reach as many Scheme Creditors as possible to ensure they vote. Direct investors in the WEIF have been contacted and LFSL has sought to ensure that other Scheme Creditors have been contacted via the platform, broker or intermediary through which they originally invested. There has been a programme of national television, print and online media and Facebook advertising to ensure Scheme Creditors are reminded of the Scheme and voting deadline.

Scheme Creditors have until 5pm on 4 December 2023 to vote on the Scheme via the online voting portal at https://voting.lfwoodfordfundscheme.com/p/welcome. They can also contact the Scheme helpline on 020 3991 0224 for a copy of the voting form to be sent to them or for assistance through the process. Scheme Creditors can also choose to attend the Scheme Meeting to be held on 13 December 2023 but those wishing to do so must also register before 4 December 2023 if they wish to attend remotely. This will be hosted via an online platform with telephone connectivity. If a Scheme Creditor cannot attend online or by phone and wishes to attend the Scheme Meeting in person, they must register that wish before 30 November 2023. Full details of how to vote and detailed information on the Scheme is available at https://lfwoodfordfundscheme.com.

Key dates in the Scheme timeline:

· 5pm 30 November 2023 – Deadline to register to vote at the Scheme Meeting in person, if unable to attend online or by telephone
· 5pm 4 December 2023 –Registration deadline/voting period ends
· 13 December 2023 – Scheme Meeting
· 15 December 2023 – LFSL to confirm outcome of the Scheme Meeting
· 18 January 2024 – The Sanction Hearing. If the required number and value of Scheme Creditors vote in favour of the Scheme LFSL will ask the Court to approve the Scheme at this second Court hearing
· 9am 9 February 2024 – expected Effective Time. The Scheme will become fully effective on this date if the Court orders the sanction of the Scheme after the Sanction Hearing on 18 January 2023 and no appeal of that decision is made within 21 days of the Sanction Order being made.

Summary of the Settlement Agreement
As announced by the FCA and LFSL on 19 and 20 April 2023, LFSL has agreed to make a substantial payment to investors who held investments in the WEIF at the time of its suspension on 3 June 2019. The settlement is subject to:

· The completion of a sale of Link Group’s Fund Solutions’ business, which includes LFSL’s business and other additional assets owned by other companies in its group, to the Waystone Group. The sale completed on 9 October 2023; and
· The approval of the Scheme by the Court and by a majority of investors in number (more than 50%) and representing 75% or more in value of those that vote.

The Settlement Fund will be composed of all of LFSL’s available assets following the sale of the business (which completed on 9 October 2023), plus a voluntary contribution from Link Group of up to £60 million and insurance proceeds of up to £48 million (the Settlement Fund). LFSL estimates this will provide an expected settlement value of up to £230 million which will be paid to Scheme Creditors via the LF Equity Income Fund (formerly, the LF Woodford Equity Income Fund) (the WEIF). Link Group will also voluntarily contribute £2.5 million towards the costs of implementing the Scheme.

The first distributions from the Settlement Fund are estimated to be between £183.5 million and £200 million and are expected to be made as soon as the first quarter of 2024. LFSL has set a prudent Reserve Amount of £46.5m to cover certain cost contingencies. This means payments can be made to investors much earlier than would otherwise be the case. The Reserve Amount will be reviewed on a regular basis by LFSL and Scheme Supervisors (who will be representatives of PwC) and further distributions will be made to investors if the cost contingencies are released.

The FCA’s assessment of the redress that LFSL should be required to pay following its investigation is approximately £298m. However it is important to note that this is not a binding or final determination, and LFSL will continue to dispute all liability if the Scheme does not proceed. The compensation to be paid through the Scheme is up to approximately 77% of the FCA’s view of the amount that LFSL should pay.

It is important to note that none of the assets in the WEIF are being used to fund the Scheme. Over the past few years, any money raised from selling assets in the WEIF has been distributed to investors and this process will continue in exactly the same way with the remaining assets of the WEIF, regardless of the Scheme outcome. The net asset value of the WEIF on the Suspension Date was approximately £3.6 billion. If the Settlement Fund is distributed in full, then it is estimated that investors will receive about 80% of the net asset value of the WEIF at the point of suspension taking into account what has been paid to investors to date and the most recent quarterly valuation of the remaining assets of the WEIF to be sold. It should be noted that the value of those remaining assets may increase or decrease.

If the Scheme becomes effective, all Scheme Creditors, even those that voted against the Scheme or who did not vote at all, will be affected by it. Once implemented, the Settlement Fund will be paid to the WEIF, which will distribute it to each of its members proportionally based on the number and class of shares they hold. Once the Scheme has been implemented, Scheme Creditors will no longer be able to make any claim against LFSL, Link Group and other entities and persons in the Link Group of companies (the Released Parties). Scheme Creditors will continue to be able to bring claims against parties other than the Released Parties. However, Scheme Creditors’ recoveries from those claims may be reduced by the amount of any contribution claims that third parties may bring against LFSL in relation to such proceedings.

LFSL entered into the conditional settlement agreement with the FCA and Link Group expressly on the basis that there is no admission of liability. LFSL’s rights in respect of the Settlement are expressly and entirely reserved unless and until the Scheme becomes fully effective. If the Scheme does not go ahead, LFSL intends to defend itself against the claims made against it. Such litigation may take several years to conclude and no payments will be made in the meantime. If LFSL is successful in its defence of those claims, it may not be required to pay anything at all to investors in respect of their claims (or may be required to pay less than the amount being offered in the Scheme). Even if LFSL is unsuccessful in defence of those claims, there will be less money available from LFSL to pay to relevant investors because, amongst other things, Link Group will not make its voluntary contribution to the Scheme or LFSL’s costs, meaning that £62.5 million (which includes an additional contribution of £2.5 million towards the costs) will not be available to investors. In addition, the cost of LFSL’s defence may be significant and will reduce the amount of money that LFSL will have available to pay compensation to the relevant investors.

23rd October 2023

On the 23rd October 2023, LFSL released its latest update regarding the Scheme voting portal.

                                                                                       Voting opens for LFSL’s Scheme of Arrangement

Link Fund Solutions Limited (LFSL) today announces that voting is open on its proposed Scheme of Arrangement (Scheme) for investors in LF Equity Income Fund (formerly Woodford Equity Income Fund).

This follows Mrs Justice Bacon issuing an order on 13 October 2023 requiring LFSL to convene a single meeting (the Scheme Meeting) of creditors affected by the Scheme (the Scheme Creditors) for the purpose of considering and, if thought fit, approving the Scheme.

LFSL is pleased that voting on the Scheme has commenced, and that Scheme Creditors have until 5pm (London time) on 4 December to register to vote on the Scheme. Scheme Creditors may choose to vote on the Scheme in advance, or to attend the Scheme Meeting (in person or by proxy) to vote. The Scheme Meeting will be held on 13 December 2023 via an online platform with telephone connectivity. Scheme Creditors who wish to attend the Scheme Meeting, but are unable to attend online or by telephone will be able to attend the meeting in person, and must register by 30 November 2023. LFSL will announce the result of the Scheme Meeting by no later than 5pm (London time) on 15 December 2023.

The Scheme requires the support of 75 per cent by value, and a majority in number, of those Scheme Creditors who vote on the Scheme.

As previously communicated, LFSL considers the Scheme to be in the best interests of Scheme Creditors, offering the certainty of payment from a Settlement Fund of up to £230 million. The Settlement Fund to be paid to Scheme Creditors under the Scheme comprises all of LFSL’s assets, plus a voluntary contribution of £60 million from LFSL’s ultimate parent company, Link Administration Holdings Limited (Link Group). In contrast, if the Scheme is not implemented, Link Group will not make the voluntary contribution of £60m and LFSL would dispute all liability to Scheme Creditors. The FCA continues to consider that the Scheme offers investors the quickest and best chance to obtain a better outcome than might be achieved by any other means and as such encourages investors to consider it.

LFSL expects an initial distribution to be made to Scheme Creditors of between £183.5 million and £200 million in the first quarter of 2024 if the Scheme is approved.

To coincide with the opening of the Scheme voting process, LFSL has also provided Scheme Creditors with more detailed information about the Scheme in a document called the Explanatory Statement. The Explanatory Statement, which was published on 20th October 2023, is available on the Scheme website, at https://lfwoodfordfundscheme.com/documents/. Other documents, including the operative provisions of the Scheme, and an expanded set of Frequently Asked Questions have also been uploaded to the Scheme Website.

Scheme Creditors will most likely be contacted via the platform, broker or intermediary through which they originally invested with an update about the Scheme.

An Investors’ Committee comprising nine Scheme Creditors was formed to consider the Scheme. A video of the independent Chair of the Investors’ Committee, Jamie Drummond Smith, discussing the formation and work of the Committee and the conclusion that based on the information that was provided the Scheme offers a better outcome than the stated alternative and it would support the Scheme, has also been published on the Scheme website, at https://lfwoodfordfundscheme.com/films/

A spokesperson for LFSL said: “We are pleased that the Court has agreed that the Scheme can proceed to a vote. This is another important step forward in the process of ensuring investors in the fund at the point of its suspension (and their successors and transferees) can receive payments, much sooner and with more certainty than under any alternative arrangements. LFSL believes that the terms of the Scheme, if implemented, will materially enhance the amount of redress available to Scheme Creditors from LFSL, in comparison to the position had LFSL not entered into a settlement with the FCA, and the Scheme had not been proposed.

“Details of the Scheme Meeting and how to vote were release on 20th October 2023, and we encourage all eligible investors to have their say by voting. They will be able to do so online, by email, post, telephone and at the Scheme Meeting itself and we have put in place both support and guidance to help them through the process. We will continue to ensure that investors are provided with all the information they need to make an informed decision.”

Notes to Editors: 

Key dates in the Scheme timeline (note a detailed timeline is available on page 13 of the Explanatory Statement):

· 5pm 30 November 2023 – Deadline to register to attend the Scheme Meeting in person, if unable to attend online or by telephone
· 5pm 4 December 2023 – Deadline for submitting Voting Forms and registering to attend the Scheme Meeting online or by telephone 
· 13 December 2023 – Scheme Meeting
· 15 December 2023 – LFSL to confirm outcome of the Scheme Meeting
· 18th January 2024 – The Sanction Hearing. If the required majority of Scheme Creditors vote in favour of the Scheme LFSL will ask the Court to approve the Scheme at this second Court hearing
· 9am 9 February 2024 – expected Effective Time. The Scheme will become fully effective on this date if the Court orders the sanction of the Scheme after the Sanction Hearing on 18 January 2023 and no appeal of that decision is made within 21 days of the Sanction Order being made.

Summary of the Settlement Agreement
As announced by the FCA and LFSL on 19th and 20th April 2023, LFSL has agreed to make a substantial payment to investors who held investments in the WEIF at the time of its suspension on 3 June 2019. The settlement is subject to:

· The completion of a sale of Link Group’s Fund Solutions’ business, which includes LFSL’s business and other additional assets owned by other companies in the Group, to the Waystone Group. The sale completed on 9 October 2023; and
· The approval of the Scheme by the Court and by a majority of investors in number (more than 50%) and representing 75% or more in value of those that vote.

The Settlement Fund will be composed of all of LFSL’s available assets following the sale of the business (which completed on 9 October 2023), plus a voluntary contribution from Link Group of up to £60 million and insurance proceeds of up to £48 million (the Settlement Fund). LFSL estimates this will provide an expected settlement value of up to £230 million which will be paid to Scheme Creditors via the LF Equity Income Fund (formerly, the LF Woodford Equity Income Fund) (the WEIF). Link Group will also voluntarily contribute £2.5 million towards the costs of implementing the Scheme.

The first distributions from the Settlement Fund are estimated to be between £183.5 million and £200 million and are expected to be made as soon as the first quarter of 2024. LFSL has set a prudent Reserve Amount of £46.5m to cover certain cost contingencies. This means payments can be made to investors much earlier than would otherwise be the case. The Reserve Amount will be reviewed on a regular basis by LFSL and Scheme Supervisors (who will be representatives of PricewaterhouseCoopers) and further distributions will be made to Investors if the cost contingencies are released.

The FCA considers that the loss incurred by investors who held investments in the WEIF on 3 June 2019 is up to £298 million. Accordingly, the proposed total amount to be paid through the Scheme is up to approximately 77% of the FCA’s view of total losses. However it is important to note that this is not a binding or final determination, and LFSL will continue to dispute all liability if the Scheme does not proceed.

It is important to note that none of the assets in the WEIF are being used to fund the Scheme. Over the past few years, any money raised from selling assets in the WEIF has been distributed to investors and this process will continue in exactly the same way with the remaining assets of the WEIF, regardless of the Scheme outcome. The net asset value of the WEIF on the Suspension Date was approximately £3.6 billion. If the Settlement Fund is distributed in full, then it is estimated that investors will receive about 80% of the net asset value of the WEIF at the point of suspension taking into account what has been paid to investors to date and the most recent quarterly valuation of the remaining assets of the WEIF to be sold. It should be noted that the value of those remaining assets may increase or decrease.

If the Scheme becomes effective, all Scheme Creditors, even those that voted against the Scheme or who did not vote at all, will be affected by it. Once implemented, the Settlement Fund will be paid to the WEIF, which will distribute it to each of its members proportionally based on the number and class of shares they hold. Once the Scheme has been implemented, Scheme Creditors will no longer be able to make any claim against LFSL, Link Group and other entities and persons in the Link Group of companies (the Released Parties). Scheme Creditors will continue to be able to bring claims against parties other than the Released Parties. However, Scheme Creditors who bring such claims will be required to make provision for any contribution claims that LFSL may face in relation to such proceedings.

LFSL entered into the conditional settlement agreement with the FCA and Link Group expressly on the basis that there is no admission of liability. LFSL’s rights in respect of the Settlement are expressly and entirely reserved unless and until the Scheme becomes fully effective. If the Scheme does not go ahead, LFSL intends to defend itself against the claims made against it. Such litigation may take several years to conclude and no payments will be made in the meantime. If LFSL is successful in its defence of those claims, it may not be required to pay anything at all to investors in respect of their claims (or may be required to pay less than the amount being offered in the Scheme). Even if LFSL is unsuccessful in defence of those claims, there will be less money available from LFSL to pay to relevant investors because, amongst other things, Link Group will not make its voluntary contribution to the Scheme or LFSL’s costs, meaning that £62.5 million (which includes an additional contribution of £2.5 million towards the costs) will not be available to investors. In addition, the cost of LFSL’s defence may be significant and will reduce the amount of money that LFSL will have available to pay compensation to the relevant investors.

Further information on how to vote

The full instructions for completing the voting form are set out in the voting form which can be found in the voting portal https://voting.lfwoodfordfundscheme.com/p/welcome . If Scheme Creditors need assistance, they can contact the Scheme helpline on 020 3991 0224.

28th July 2023

On the 28th July 2023, LFSL released its latest update regarding the progress of the Scheme.

  • It has appointed PricewaterhouseCoopers LLP to advise it on the proposed Scheme and to act as prospective Scheme supervisors;
  • It has made significant progress in developing the structure of the Scheme having undertaken further discussions with Link Group and the FCA;
  • It is in ongoing discussions with relevant stakeholders to further develop the detailed terms of the Scheme;
  • It has appointed Jamie Drummond-Smith to serve as independent chair (the Chair) of a committee of the investors (the Investor Committee). Mr Drummond-Smith is a chartered accountant who spent 25 years with the accounting firm Deloitte, where he was a Partner in the Corporate Finance group.  He has extensive experience in the financial services sector and with schemes of arrangement, having been (i) a director of Cattles PLC and Welcome Financial Services Limited who each proposed schemes of arrangement (ii) the scheme adjudicator on the Instant Cash Loans scheme and (iii) the chairman of the creditors’ committees for the Amigo, Non-Standard Finance and Morses Club Schemes.

Certain investors expressed an interest in joining the Investor Committee following the letter dated 5th July 2023 and some were asked by the Chair to form the Investor Committee. The members were appointed by the Chair to achieve a balanced representation of the interests of the investors that will be party to the Scheme.  A copy of the full announcement is available here.

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