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07 June 2012
Issue: 7517 / Categories: Case law , Law digest , In Court
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Insolvency

Revenue and Customs Commissioners v Football League Ltd [2012] EWHC 1372 (Ch), [2012] All ER (D) 214 (May)

The pari passu principle applied to any distribution, whether or not it was expressly triggered by the relevant insolvency procedure. It was enough that the effect of the relevant contractual or other provision was to apply an asset belonging to the debtor at or following the commencement of the insolvency procedure in a non-pari passu way. Contracts conflicting with the pari passu principle were void without any need to show that their purpose was to avoid a pari passu distribution.

The pari passu principle served a purpose and should come into play only if the purpose of the insolvency procedure was to effect a distribution. In the case of liquidation or bankruptcy, that was when the company entered liquidation or the debtor was declared bankrupt. In the case of administration, that was when the administrator gave notice of the proposed distribution. It was settled law that the anti-deprivation rule was aimed at attempts to withdraw an asset on bankruptcy or

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

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