| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 214 (May) |
| Neutral Citation: | [2012] EWHC 1372 (Ch) |
| Court: | Chancery Division |
| Judge: | Richards J |
| Representation | Gregory Mitchell QC and Catherine Gibaud (instructed by Solicitor for the Revenue and Customs) for the Revenue. |
| Mark Phillips QC and Daniel Bayfield (instructed by Chadbourne and Parke (London) LLP) for FL. | |
| Gabriel Moss QC and Daniel Bayfield (instructed by McCormicks) for the intervening party. | |
| Judgment Dates: | 25 May 2012 |
Catchwords
Insolvency - Property available for distribution - Pari passu - Anti-deprivation - Defendant football company having rule giving priority to particular classes of creditors in event of member club becoming insolvent (rule) - Revenue and Customs Commissioners seeking declarations that rule contravening pari passu principle and anti-deprivation rule - Whether pari passu principle and anti-deprivation rule applying to company in administration - Whether declarations to be granted.
The Case
Insolvency Property available for distribution. The Chancery Division declined the make declarations sought by the Revenue and Customs that the football creditor rule' operated in the Insolvency policy and rules of the Football League Ltd contravened the principle of pari passu and the anti-deprivation rule.
Practice Areas
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