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    Changes to the UK Water Special Administration Regime - Do Pension Trustees of Water Industry Schemes Need to Care?
    2024-02-12

    Changes are afoot to the statutory regime governing special administrations for regulated water companies (the SAR) following the publication of a suite of new legislation.

    Impact of the changes on pension trustees

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Squire Patton Boggs, Insolvency Act 1986 (UK), Pension Protection Fund
    Authors:
    Helena Clarke , Charlotte Møller
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Pre-petition settlement agreement not an assumable, assignable, executory contract
    2023-10-18

    In Svenhard’s Swedish Bakery v. United States Bakery, Bk. No. 19-15277, 2023 WL 5541420 (9th Cir. Aug. 29, 2023), the Ninth Circuit held that a settlement agreement that resolved an employer’s withdrawal liability to a multiemployer pension fund was not an executory contract that could be assumed and assigned to a third-party when that employer subsequently filed for bankruptcy. The decision is instructive for multiemployer funds and employers that negotiate settlement agreements to resolve these types of liabilities.

    Background

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Employee Retirement Income Security Act 1974 (USA), Ninth Circuit
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Horton v Henry [2014] – pensions and bankruptcy – appeal allowed
    2015-02-19

    Of general interest is the appeal in the case of Horton v Henry, on which we reported in our January 2015 update. In Horton, the High Court declined to follow a previous ruling, and decided that a bankrupt could not be compelled to access his pension savings to pay off creditors.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] – pensions and bankruptcy – appeal allowed
    2015-02-19

    Of general interest is the appeal in the case of Horton v Henry, on which we reported in our January 2015 update. In Horton, the High Court declined to follow a previous ruling, and decided that a bankrupt could not be compelled to access his pension savings to pay off creditors.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] – pensions and bankruptcy – appeal allowed
    2015-02-19

    Of general interest is the appeal in the case of Horton v Henry, on which we reported in our January 2015 update. In Horton, the High Court declined to follow a previous ruling, and decided that a bankrupt could not be compelled to access his pension savings to pay off creditors.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] – pensions and bankruptcy – appeal allowed
    2015-02-19

    Of general interest is the appeal in the case of Horton v Henry, on which we reported in our January 2015 update. In Horton, the High Court declined to follow a previous ruling, and decided that a bankrupt could not be compelled to access his pension savings to pay off creditors.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright

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