The much awaited court decision on the status of Financial Support Directions (“FSDs”) and Contribution Notices (“CNs”) * issued by the Pensions Regulator against target companies after the commencement of English insolvency processes in respect of such targets was handed down by the court on Friday 10 December 2010. The reluctant decision of Mr Justice Briggs that FSDs and CNs in these circumstances were not provable debts but ranked as expenses of the insolvency process, taking precedence ahead of unsecured creditors, has caused dismay in the restructuring community.
Filed under:
United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Unsecured debt, Debt, Liability (financial accounting), Liquidation, Disability, Defined benefit pension plan, The Pensions Regulator (UK), Lehman Brothers, Insolvency Act 1986 (UK), Pensions Act 2004 (UK), Pensions Act 1995 (UK)
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