Justice Robson’s decision in Re Amerind1 was one of a number of recent authorities which created doubt as to how the statutory insolvency regime, and in particular how the priority waterfall, should be applied to recoveries from trust assets.
Australia, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, High Court of Justice (England & Wales), Court of Appeal (England and Wales)
The Supreme Court has boosted the rescue culture by ruling that Financial Support Directions (FSDs) issued by the UK Pensions Regulator after commencement of insolvency proceedings are not an expense of the administration and, instead, rank on a par with unsecured claims. This decision in the Nortel and Lehman administrations will be reassuring to creditors and insolvency and restructuring practitioners.
Key Points
United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Ropes & Gray LLP, Debt, Liability (financial accounting), The Pensions Regulator (UK), Supreme Court of the United States