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    Pension schemes as super-creditors: Court of Appeal rules in Nortel and Lehman Brothers
    2011-11-29

    This appeal was brought by the insolvency practitioners dealing with the Nortel and Lehman Brothers companies. The Regulator’s Determinations Panel has, in relation to both the Nortel and Lehman Brothers pension schemes, issued warning notices of its intention to issue Financial Support Directions (FSDs) against group companies.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Nabarro LLP, Unsecured debt, Debt, Lehman Brothers
    Authors:
    Anne-Marie Winton
    Location:
    United Kingdom
    Firm:
    Nabarro LLP
    Another victory for the UK Pensions Regulator: FSDs granted “super-priority” status in English insolvency proceedings
    2011-03-30

    In previous issues of TransAtlantic, we reported that the UK Pensions Regulator had issued contribution notices (CNs) and financial support directions (FSDs) against insolvent companies in the Nortel and Lehman Brothers groups. Click here for the June story on Nortel (see page 5); click here for the November story on Lehman (see page 7).

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Nabarro LLP, Unsecured debt, Debt, Liquidation, The Pensions Regulator (UK), Lehman Brothers, Pensions Act 2004 (UK), High Court of Justice (England & Wales)
    Authors:
    Glen Flannery , Anne-Marie Winton
    Location:
    United Kingdom
    Firm:
    Nabarro LLP
    Lehman/Nortel judgment: pension scheme is “supercreditor”
    2010-12-21

    The High Court has decided that financial support directions can be issued against insolvent companies as well as solvent ones.

    The administrators of 20 insolvent companies in the Lehman Brothers and Nortel groups had argued that the Pensions Regulator’s Determinations Panel had no legal power to determine that it would be reasonable to issue FSDs against these companies. The High Court disagreed and decided:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Nabarro LLP, Unsecured debt, Statutory interpretation, The Pensions Regulator (UK), Lehman Brothers
    Authors:
    Ian Greenstreet
    Location:
    United Kingdom
    Firm:
    Nabarro LLP
    CVAs: government proposes moratorium for all companies in restructuring
    2010-08-03

    Summary and implications

    The Government is proposing to give struggling companies a protected moratorium against enforcement action, to help them to negotiate a restructuring deal with their creditors.

    The moratorium would be available to all companies which are preparing a CVA or scheme of arrangement. At present, a moratorium is only available to small companies* who are proposing a CVA.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Nabarro LLP, Landlord, Misconduct, Debt, Moratorium
    Authors:
    Nick Lloyd
    Location:
    United Kingdom
    Firm:
    Nabarro LLP
    Administration expenses: landlords can recover the costs of a winding-up petition
    2010-04-13

    If an administration order is made and a pending winding-up petition is subsequently dismissed, the costs of that petition are payable as an expense of the administration.1

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Nabarro LLP, Costs in English law, Liquidation
    Location:
    United Kingdom
    Firm:
    Nabarro LLP
    Are pre-packs unfairly prejudicing landlords? Have your say
    2010-03-25

    The Government has announced that it will shortly begin a consultation on important new measures designed to boost confidence in the ‘pre-pack’ administration procedure.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Nabarro LLP, Landlord, Precondition
    Location:
    United Kingdom
    Firm:
    Nabarro LLP
    Employer debt: new restructuring easements effective from 6 April
    2010-03-26

    In our September 2009 Pensions update we reported on proposals to make changes to the employer debt regime aimed at assisting corporate restructurings. The final regulations have now been published and come into force on 6 April 2010. Under these provisions, where there is a corporate restructuring and one employer’s assets and pension liabilities are transferred to another, then as long as the prescribed steps (set out below) are followed, no statutory employer debt will arise. Employers relying on an easement will not be expected to seek clearance from the Pensions Regulator.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Nabarro LLP, Share (finance), Surety, Debt, Liability (financial accounting), Easement, The Pensions Regulator (UK), Department for Work and Pensions (UK), Trustee
    Authors:
    Anne-Marie Winton
    Location:
    United Kingdom
    Firm:
    Nabarro LLP
    PPF levy 2011/12: check your insolvency risk now
    2010-02-23

    The PPF policy statement can be found here

    Following its November 2009 consultation, the PPF has published a statement confirming its policy on measuring insolvency risk for the 2011/12 levy. Schemes and employers should act quickly before the 30 and 31 March 2010 deadlines.

    The policy statement confirms that for the 2011/12 levy year, the PPF will adopt new policies, including:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Nabarro LLP, Regulatory compliance, Sponsor (commercial), Subsidiary, Parent company
    Authors:
    Anne-Marie Winton
    Location:
    United Kingdom
    Firm:
    Nabarro LLP
    Administrations: how the court balances conflicting interests
    2009-12-25

    Summary and implications

    Two recent cases involving company administrations have seen the court take very different approaches to an administrator’s demands. The court has shown that it will look at the overall purpose of the administration before deciding whether to allow administrators to use their powers. Clients should consider:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Nabarro LLP, General contractor, Design, Precondition, Packaging and labeling, Prejudice
    Location:
    United Kingdom
    Firm:
    Nabarro LLP
    1954 Act proceedings: an insolvent landlord cannot buy time
    2009-12-25

    Summary and implications

    Whilst the property market remains challenging, the possibility of landlords entering into administration increases and many redevelopment schemes have been put on hold.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Nabarro LLP, Landlord
    Location:
    United Kingdom
    Firm:
    Nabarro LLP

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