Source: All England Reporter
Publisher Citation: [2005] All ER (D) 45 (Aug)
Court: Chancery Division (Companies Court)
Judge:

Etherton J
Representation David Oliver QC and Jeremy Goldring (instructed by Denton Wilde Sapte and Lovells) for the administrators.
  Jane Giret QC (instructed by Matthew Arnold Baldwin, Watford) for the respondents.
  Nicholas Caddick (instructed by the Treasury Solicitor) for the Insolvency Service.
Judgment Dates: 9 August 2005

Catchwords

Company - Administration order - Administrator - Priority of payments - Protective awards payments - Payments in lieu of notice - Whether protective award payments and payments in lieu of notice payable prior to all other payments - , Sch B1, para 99(4) - (6).

The Case

On the true construction of para99 of SchB1 to the payments arising under statute were not 'wages or salary' within the priority provisions of that paragraph. A sum would be 'wages or salary' under para99(6) only if it was a liability to make payment under a contract of employment and which, although not otherwise wages or salary, was treated as such for the purposes of an enactment about social security. That interpretation gave the words of the paragraph their ordinary meaning and was consistent with the purposes of the legislative scheme.

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