Pension issues on a pre-pack

Produced in partnership with Wyn Derbyshire of gunnercooke LLP
Practice notes

Pension issues on a pre-pack

Produced in partnership with Wyn Derbyshire of gunnercooke LLP

Practice notes
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This Practice Note examines the issues that can arise when the sponsoring employer(s) of a pension scheme is the subject of a ‘pre-packaged administration’ (also known as a pre-pack administration or simply a ‘pre-pack’).

Pre-packs are sales of the insolvent company’s business and/or assets that are negotiated and agreed in advance of a company entering administration. The sale completes immediately following the administrator’s appointment or shortly thereafter.

What is an administration?

An administration is an insolvency process designed to encourage, if possible, the rescue of financially distressed companies (or at least their businesses) and to avoid the necessity of liquidation if at all possible.

Originally introduced in 1986, administrators (a type of insolvency practitioner) have powers to oversee administrations. The scope of administration was widened in 2003 to further promote the ‘rescue culture’. Changes included the introduction of an automatic moratorium preventing the enforcement of security and certain other action by creditors without the administrator’s consent or leave of the court.

From a pensions perspective, an important point to note is that the appointment

Wyn Derbyshire
Wyn Derbyshire

Partner, gunnercooke LLP


Wyn is a partner at gunnercooke LLP and specialises in pensions, trust and employment law in all industry sectors, dealing with the transactional, advisory and documentation aspects.

He also has wide experience of the pensions implications of heavyweight corporate transactions and flotations, the issues arising from the establishment and merger of pension schemes, and sex equalisation and other discrimination issues in respect of benefits provided by pension schemes. In addition, he provides advice to pension scheme trustees generally.

Recent transactions include advising Amcor on pension matters relating to the acquisition of Alcan business and the acquisition of Northern Foods PLC by Boparan Holdings.

He is a co-author (with Stephen Hardy and Stephen Maffey) of TUPE: Law and Practice, published by Spiramus Press (now in its 4th edition), and co-author (with Stephen Hardy and David Wicks) of Money & Work, published by Spiramus Press in August 2007. He has also written several other books and numerous articles on a variety of legal and non-legal topics.

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Jurisdiction(s):
United Kingdom
Key definition:
ACT definition
What does ACT mean?

Association of Corporate Treasurers.

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