Supreme Court ruling: pension financial support directions rank as ordinary debts

The Supreme Court handed down its judgment in the Lehman and Nortel pension appeal cases on 24 July 2013.

The decision is important in confirming where a statutory liability to provide financial support to a pension scheme pursuant to a financial support direction (FSD) or a contribution notice (CN) will rank on that company’s insolvency.

Prior to the Supreme Court’s decision, an FSD/CN liability that arose after an insolvency event could be treated as an ‘expense’ of the insolvency (and therefore paid out in priority to the administrator’s own expenses and both floating charge and unsecured creditors)…

If you are registered and logged in to the site, click on the link below to read the rest of the Nabarro briefing. If not, please register or sign in with your details below.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Analysis from The Lawyer

View more analysis from The Lawyer


Lacon House
84 Theobald's Road

Turnover (£m): 116.70
No. of lawyers: 405