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R3 comments on the UK Pension Regulator and Nortel ruling

“Today’s ruling could have consequences for the UK’s business environment and highlights a conflict between insolvency and pension law. Judge Michael Briggs himself notes this decision could be ‘an impediment to the achievement of the objectives of the rescue culture’.”

“Promoting outstanding pension debts to super-priority status after the insolvency means that returns to unsecured and preferential creditors could be wiped out. Under this scenario business rescue procedures make less sense and creditors have less certainty when lending in the first place. While some pension funds may benefit, other creditors will suffer as will the value generation capacity of UK plc overall.”

John Frances, Technical Director of R3, the insolvency trade body

R3 Press Office

Notes to editors:

  • R3 is the trade body for Insolvency Professionals and represents the UK’s Insolvency Practitioners.

  • R3 comments on a wide variety of personal and corporate insolvency issues. Contact the press office, or see for further information.

  • R3 promotes best practice for professionals working with financially troubled individuals and businesses; all R3 members are regulated by recognised professional bodies
  • R3 stands for 'Rescue, Recovery, and Renewal' and is also known as the Association of Business Recovery Professionals.