FORM 6-K
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Report of Foreign Issuer
Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934
September 21 2004
BRITISH ENERGY PLC
(Registrant's name)
3 Redwood Crescent
Peel Park
East Kilbride G74 5PR
Scotland
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual
reports under cover Form 20-F or Form 40-F.
Form 20-F..X.. Form 40-F.....
Indicate by check mark whether the registrant by furnishing the information
contained in this Form is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes ..... No ..X..
If "Yes" is marked, indicate below the file number assigned to the registrant
in connection with Rule 12g3-2(b):
Exhibit Index
The following document (bearing the exhibit number listed below) is furnished
herewith and is made a part of this Report pursuant to the General Instructions
for Form 6-K:
Exhibit Description
No. 1 RNS Announcement, re: 'Application for Injunction'
dated 21 September 2004
21 September 2004
British Energy plc
Application for injunction against Polygon
British Energy announces that today it has made application to the United States
District Court, Southern District of New York, for an order against Polygon
Investment Partners LLP ("Polygon") and its associates relating to its Schedule
13D filing in respect of British Energy which British Energy considers was filed
late and defective because it failed to include material information. The
effect of this order if granted would be to require Polygon to refile a Schedule
13D and withdraw its requisition of an Extraordinary General Meeting of British
Energy, submitted on 3 September, for a period of time to be determined by the
Court.
Under US Securities law (which is applicable to British Energy as a company
registered with the SEC) any shareholder acquiring an interest in more than 5
per cent. of a registered company with a view to influencing the conduct of that
company is obliged to inform the market of that fact under Schedule 13D within
10 days of making such an acquisition. Polygon acquired 35,000,000 ordinary
shares in British Energy (representing 5.64 per cent. of the ordinary share
capital outstanding) on 23 July 2004. Polygon filed a Schedule 13D notice in
respect of this acquisition only on 12 September 2004 more than six weeks after
British Energy believes it was required to do so.
The effect of the resolutions to be proposed at the EGM requisitioned by Polygon
would, if they are passed and nothing else is done, be to prevent British Energy
from taking action without which British Energy believes there would be a breach
of the binding Creditor Restructuring Agreement entered into by British Energy.
In the event of a breach of the CRA and its subsequent termination, the
Company would come under an immediate obligation to pay approximately GBP1.5
billion to creditors. The Company has nothing like the available resources to
pay these sums. Furthermore the Company may be subject to significant claims
for damages from creditors for breach of contract. In these circumstances,
there is a very real possibility that British Energy would be forced to commence
insolvency proceedings.
In these highly unusual circumstances British Energy believes it ought to take
every step available to it to avoid these risks and compel compliance with
applicable securities laws; hence today's court action.
For further information please contact:
Andrew Dowler Media 020 7831 3113
John Searles Investor Relations 01355 262 202
Website: www.british-energy.com
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
Date: September 21 2004 BRITISH ENERGY PLC
By:____John Searles____
Name: John Searles
Title: Director - Investor Relations