Wednesday, 19 October 2011

UK: England and Wales: financial support directions and insolvency

The ICLR, as part of its free case summary service, has provided a summary for the recent Court of Appeal decision Bloom v The Pensions Regulator [2011] EWCA Civ 1124: see here. To quote the opening paragraph:

Neither the obligation to comply with a financial support direction issued by the Pensions Regulator under section 43 of the Pensions Act 2004 nor the obligation to pay the trustees of the relevant occupational pension scheme the sum specified in a contribution notice issued under section 47 of the 2004 Act, following non-compliance with the direction, constituted a provable debt in an administration or liquidation within the meaning of rule 13.12 of the Insolvency Rules 1986 where the direction was issued after the commencement of the insolvency process; such obligations ranked instead as an expense of the administration or liquidation."

The Pensions Regulator has welcomed the court's decision: see here.

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