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    Nortel/Lehman: moral hazard powers are a provable debt
    2013-07-26

    Summary

    On 24 July 2013, the Supreme Court handed down its long-awaited judgment in the Nortel/Lehman case: Re Nortel Companies [2013] UKSC 52. The Court looked at the position where a contribution notice (CN) or financial support direction (FSD) was issued by the Pensions Regulator (TPR) on a company that is already in insolvency proceedings in England (eg administration). How does the relevant obligation rank in the order of priority of payment?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Debt, Pensions Act 2004 (UK), The Pensions Regulator, Lehman Brothers, Court of Appeal of England & Wales, UK Supreme Court
    Authors:
    David Pollard , Anne Sharp , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Olympic Airlines: starting UK insolvency proceedings against a company already in insolvency in another member state.
    2013-06-28

     Summary

    The Court of Appeal’s judgment in The Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA [2013] EWCA Civ 643 has clarified what is required to fall within the definition of an ‘establishment’ for the purposes of the EC Insolvency Regulation (the Insolvency Regulation).

    Filed under:
    European Union, United Kingdom, Aviation, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Pension Protection Fund, Pensions Act 2004 (UK), Court of Appeal of England & Wales
    Authors:
    Richard Tett , David Pollard , Katharina Crinson
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    TPR withdraws from Great Lakes moral hazard proceedings
    2011-07-18

    The Pensions Regulator (TPR) has announced that it has withdrawn moral hazard proceedings against Chemtura Manufacturing UK Limited and its US parent, Chemtura Corporation. This follows an agreement being reached by Chemtura with the trustees of the Great Lakes UK Limited Pension Plan (the Plan) over its funding package.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Bankruptcy, Liability (financial accounting), Pensions Act 2004 (UK), The Pensions Regulator, Trustee
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Who is ‘connected’ or ‘associated’?
    2009-01-21

    Pensions and insolvency legislation uses the test in the Insolvency Act 1986 for assessing whether a person is ‘connected’ or ‘associated’ with another. This test is important because various statutory provisions use it, especially in limiting the persons whom the Pensions Regulator can make responsible for pension scheme deficits under the ‘moral hazard’ powers in the Pensions Act 2004. This briefing gives an outline of the statutory provisions and points to some difficult areas.  

    Why is this relevant?  

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Share (finance), Shareholder, Beneficiary, Limited liability partnership, Subsidiary, Actuary, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Insolvency Act 1986 (UK), Pension Protection Fund, Pensions Act 2004 (UK), The Pensions Regulator, Trustee
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Underfunded schemes - insolvent employers - Pensions in 30 Podcasts, Episode 14
    2017-07-27

    If an employer is affected by an insolvency event the insolvency practitioner or official receiver is obliged to notify the trustees of the employer’s pension scheme, the Pensions Regulator, and the Pension Protection Fund of the fact of the insolvency event. Here, we provide an overview of the pensions issues arising from employer insolvency.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Gowling WLG, Insolvency Act 1986 (UK), Pension Protection Fund, Pensions Act 2004 (UK), Pensions Act 1995 (UK), The Pensions Regulator
    Authors:
    Ian Chapman-Curry
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Rocking the boat - Pension Schemes Bill proposals may risk destabilising future restructurings
    2020-01-27

    The Pension Schemes Bill [HL] 2019-20 (Bill) was re-introduced before Parliament on 7 January 2020. Among its proposed amendments to the Pensions Act 2004 (Act) are new criminal offences for failing to comply with a contribution notice, avoiding employer debt, conduct risking accrued scheme benefits, an expansion of the moral hazard powers and an extension of the ‘notifiable events’ framework. The Government’s stated intention is to “ensure that those who put pension schemes in jeopardy feel the full force of the law“.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Hogan Lovells, Defined benefit pension plan, Pension Protection Fund, Pensions Act 2004 (UK), The Pensions Regulator, House of Lords, Carillion
    Authors:
    Joe Bannister , Camilla Eliott Lockhart
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Nortel/Lehmans - Supreme Court rules that Financial Support Directions rank as provable debts in an insolvency
    2013-10-01

    In related Nortel and Lehman Brothers cases, the UK Supreme Court ruled in July that Financial Support Directions ("FSDs") and Contribution Notices ("CNs") under the Pensions Act 2004 rank as provable debts if issued against insolvent targets.

    Overturning the decisions of Mr Justice Briggs and the Court of Appeal, the Supreme Court has ruled that such FSD or CN liabilities are not administration or liquidation expenses. It has also confirmed that they do not rank behind other provable debts (the option which had become known as the 'black hole').

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Hogan Lovells, Debt, Liquidation, Unsecured creditor, Pension Protection Fund, Pensions Act 2004 (UK), The Pensions Regulator, SCOTUS
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    The Nortel and Lehman Brothers companies
    2013-07-31

    Background

    Under the Pensions Act 2004 the Pensions Regulator (tPR) has the power to impose a financial support direction (FSD) requiring a company “connected or associated” with the sponsoring employer of a UK pension fund to provide financial support to the pension fund. To date tPR has used the power in insolvencies.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Debt, Pensions Act 2004 (UK), The Pensions Regulator, Lehman Brothers
    Authors:
    Jay Doraisamy
    Location:
    United Kingdom
    Firm:
    Dentons
    Nortel/Lehman: a balancing act
    2013-07-25

    The Supreme Court handed down its decision yesterday on the combined appeals of Nortel GmbH (In Administration) ("Nortel") and Lehman Brothers International (Europe) (In Administration) ("Lehman Brothers") (together, the "Appellants") against the Pensions Regulator ("tPR").

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mayer Brown, Debt, Pensions Act 2004 (UK), The Pensions Regulator, Lehman Brothers, SCOTUS
    Authors:
    Devi Shah , Ashley Katz
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Pension Protection Fund changes following Olympic Airlines case
    2014-07-18

    The regulatory amendments drawn up by the Secretary of State for Work and Pensions following the outcome in Trustees of Olympic Airlines SA Pension &Life Assurance Scheme v Olympic Airlines SA have been drafted narrowly and may end up protecting no one other than the beneficiaries of the Olympic Airlines pension scheme.

    The issue

    Filed under:
    European Union, Greece, United Kingdom, Aviation, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mayer Brown, Pension Protection Fund, Pensions Act 2004 (UK), DWP
    Authors:
    Beth Brown
    Location:
    European Union, Greece, United Kingdom
    Firm:
    Mayer Brown

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