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    UK Supreme Court throws out the Nortel and Lehman pension baby claims with the bathwater
    2013-07-24

    While the arrival of His Royal Highness Prince George Alexander Louis of Cambridge has dominated the British (and the world) headlines this week, the U.K. Supreme Court delivered its own long awaited bundle of joy earlier today. In the latest decision in the laborious Nortel and Lehman litigations, the U.K. Supreme Court reversed a lower court decision and held that pension claims should not be treated as priority claims and, instead, they should rank equally with general unsecured claims.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Bracewell LLP
    Authors:
    Bruce R. Jocz , Mark E. Dendinger
    Location:
    United Kingdom
    Firm:
    Bracewell LLP
    UK Supreme Court upholds appeal by Nortel administrators on pension liabilities and the powers of the pensions regulator
    2013-07-24

    The Supreme Court has today ruled on the ranking of certain pension liabilities when issued to companies in administration or liquidation.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Debt, Liability (financial accounting), Liquidation, Defined benefit pension plan, The Pensions Regulator (UK)
    Authors:
    Kevin Pullen , Stephen Gale , Gawain Moore
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Nortel & Lehman: Supreme Court makes the final decision on FSDs in insolvency
    2013-07-25

    The Supreme Court yesterday issued its decision in the long-running case concerning financial support directions (“FSDs”) issued by the UK Pensions Regulator to various companies in the Nortel and Lehman groups. The case considered where a company's obligations under an FSD should rank in relation to its other debts if the company was insolvent when the FSD was issued.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mayer Brown, Debt, The Pensions Regulator (UK), Supreme Court of the United States
    Authors:
    Andrew Block , Devi Shah
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Scottish Coal disclaimer: written decision from the Court of Session
    2013-07-25

    We recently reported on the Court of Session's decision that a liquidator of a company being wound up in Scotland may abandon both heritable property and statutory licences. A full copy of that article can be accessed here.

    The Court has now issued its written decision. This provides further analysis and confirms the position that we previously reported.

    Parties represented

    Filed under:
    United Kingdom, Scotland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Shepherd and Wedderburn LLP, Scottish Government, Liquidation, Liquidator (law), Insolvency Act 1986 (UK), Court of Session
    Authors:
    Gillian Carty
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    Winding up proceedings: the Court takes matters into its own hands
    2013-07-25

     

    In an unusual move the High Court recently wound up a credit union on its own motion. Despite some procedural irregularities with the winding up petition, it was felt that the exceptional facts of this particular case justified the measure.

    The case concerned a credit union registered under the Industrial and Provident Societies Act

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mills & Reeve LLP, Liquidation
    Location:
    United Kingdom
    Firm:
    Mills & Reeve LLP
    Olympic Airlines pension scheme barred from entering the PPF
    2013-06-30

    On 6 June 2013, the Court of Appeal reversed the High Court’s decision in The Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA from May 2012.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    A cautionary tale on the pitfalls of challenging LPA receivers
    2013-07-01

    Last month the Chancery Division of the High Court in Manchester considered a challenge to the continuing ap-pointment of LPA receivers in the case of (1) Jumani (2)Tariq v (1) Mortgage Express (2) Walker Singleton ([2013] EWHC 1571 (Ch)).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Real Estate, Deka Chambers, Debtor, Mortgage loan, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Deka Chambers
    Game on: landlords bound for the Court of Appeal over administration rents
    2013-07-01

    The UK High Court today took a crucial step towards resolving the difficult issue of when administrators must pay rent.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, Landlord
    Authors:
    Mathew Ditchburn , Daniel Norris
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Moseley v Solicitors Regulation Authority (unreported)
    2013-07-04

     

    Judgment date: 28 June 2013

    Solicitor struck off for disgraceful conduct unconnected to professional duties

    M, a solicitor, was struck off the Roll of Solicitors by the Solicitor’s Disciplinary Tribunal (the Tribunal) following a finding that he was guilty of disgraceful conduct.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Kingsley Napley, Solicitor, Solicitors Regulation Authority (UK)
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Court of Appeal to revisit Goldacre
    2013-07-05

    The Landlords of units occupied by Game have been given permission by the Court to appeal to the Court of appeal against the principles laid down in Goldacre (Offices) Ltd v Nortel Networks UK Ltd (In Administration) [2009] EWHC 3389 (Ch) [2010] Ch 455 that rent falling due before the commencement of an administration does not fall to be paid as an expense of the administration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, BDB Pitmans LLP
    Authors:
    Denise Fawcett
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP

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