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Landmark ruling on Pension Protection Fund eligibility

Squire Sanders
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United Kingdom
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January 31 2007

A landmark ruling has paved the way for companies to restructure without necessarily making their pension scheme ineligible for the Pension Protection Fund (PPF

European court ruling in Allied Steel & Wire case

Squire Sanders
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European Union, United Kingdom
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January 31 2007

In a judgment given on 25 January, the European Court of Justice has ruled in case C278-05 - Robins and Others v Secretary of State for Work and Pensions (2007) that the UK Government failed adequately to implement a European Insolvency Directive dating back to the 1980s, which was designed to safeguard pension scheme members’ benefits in the event that their employers became insolvent

Valuation in a multi-tiered debt structure

Mayer Brown LLP
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United Kingdom
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August 19 2009

In a recent case, the High Court concluded that it was right to sanction schemes of arrangement which formed part of a wider debt restructuring that excluded out-of-the-money junior creditors

Charging order survives bankruptcy

Wragge & Co LLP
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United Kingdom
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August 20 2009

The making of a bankruptcy order alone will not deprive a judgment creditor of a final charging order where it is obtained before the bankruptcy order is made

Intention is crucial

Wragge & Co LLP
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United Kingdom
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January 21 2009

The absence of an intention to put assets out of the reach of creditors will thwart applications under the Insolvency Act to set declarations of trust or transfers aside

Secured creditors: no access to prescribed part

Freshfields Bruckhaus Deringer LLP
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United Kingdom
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February 25 2008

As we reported last month, the Birmingham High Court held in Re Permacell Finesse Limited (in liquidation) that a floating charge holder is not entitled to participate in the prescribed part, set aside under section 176A, as an unsecured creditor regarding any shortfall under its floating charge

Who is ‘connected’ or ‘associated’?

Freshfields Bruckhaus Deringer LLP
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United Kingdom
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January 21 2009

Pensions and insolvency legislation uses the test in the Insolvency Act 1986 for assessing whether a person is ‘connected' or ‘associated' with another

Housing Grants, Construction and Regeneration Act 1996

Norton Rose LLP
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United Kingdom
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June 1 2007

Under the JCT suite of contracts, an employer is entitled to terminate the contractor’s employment where the contractor has become insolvent (including the appointment of administrative receivers in relation to the contractor

The trustee in bankruptcy of Richard Canty v Canty (2007)

Wragge & Co LLP
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United Kingdom
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May 25 2007

Although this case is about a trustee in bankruptcy’s fight to realise his interest in a property by virtue of a debtor’s bankruptcy, the facts (though extreme) are not untypical of a finance company’s position when a hirer refuses to return goods to it despite the fact the court has ordered the hirer to do so

Whose power has been diminished?

Shepherd & Wedderburn LLP
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United Kingdom
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May 31 2007

In an important decision for commercial property landlords, the High Court in Prudential Assurance Co Ltd and Others v PRG Powerhouse Limited and Others has ruled that a CVA (defined below) cannot operate so as to prevent landlords from enforcing a parent company guarantee

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Search results

Landmark ruling on Pension Protection Fund eligibility

European court ruling in Allied Steel & Wire case

Valuation in a multi-tiered debt structure

Charging order survives bankruptcy

Intention is crucial

Secured creditors: no access to prescribed part

Who is ‘connected’ or ‘associated’?

Housing Grants, Construction and Regeneration Act 1996

The trustee in bankruptcy of Richard Canty v Canty (2007)

Whose power has been diminished?

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