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Pension funds are potentially relevant to the solvency test in a bankruptcy application (Office of the Bankruptcy Adjudicator and Secretary of State for Business, Energy and Industrial Strategy v Shaw)

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Published on: 14 December 2021

Published by a LexisNexis Restructuring & Insolvency expert

Table of contents

What are the practical implications of this case?
What was the background?
What did the court decide?
Case details

Article summary

Restructuring & Insolvency analysis: His Honour Judge Hodge QC has held that pension funds can be taken into account when assessing the solvency of a debtor in a bankruptcy application. The decision to make a non-party costs order against the Secretary of State following a successful appeal under rule 10.44 of the Insolvency (England and Wales) Rules 2016 (IR 2016) was also overturned on appeal. Written by Phillip Patterson, barrister, Gatehouse Chambers.

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