Judgment: 2010-03-18 · Court archive

Supreme Court grants UK agency priority for employee payments in Bell liquidation

The court allowed the liquidator’s appeal, ruling that the UK agency could claim preferential status under section 285(6) for payments it made to former Bell group employees.

Supreme Court ·

Who, what, where, when and why

Who
  • UK Agency
  • Port of Waterford
  • the liquidator
What

The court allowed the liquidator’s appeal, ruling that the UK agency could claim preferential status under section 285(6) for payments it made to former Bell group employees.

Where

Places mentioned in the report

  • Port of Waterford
  • United Kingdom
  • Northern Ireland
When

Judgment:

Other dates in the report
  • 11 July 2005

    The court held that the agency was entitled to appropriate priority under section 285(6), and allowed the appeal. It directed that an order be made under paragraph D of the liquidator’s notice of motion, returnable on 11 July 2005. The judgment does not specify the amount ultimately payable or determine the agency’s claim as to any particular sum; the payments remain subject to adjudication as a creditor in the liquidation.

Why

Reasons reported in the judgment

The liquidator asked the High Court to admit the agency as a preferential creditor for qualifying payments. The High Court rejected that request, while accepting that the agency could prove as a creditor. The Port of Waterford, representing the unsecured creditors, opposed preferential treatment. The liquidator appealed with the agency’s support.

The Supreme Court has allowed an appeal in the liquidation of the Bell group of companies, ruling that the United Kingdom agency which paid certain employee debts can claim preferential status for those payments under section 285(6) of the Companies Act 1963.

The judgment, delivered by Mr Justice Fennelly on 18 March 2010, concerned more than 200 former employees based in the UK, including one in Northern Ireland. After the group collapsed, the UK agency paid claims for wages and other employment entitlements under an EU insolvency directive. Some payments related to debts that would have ranked as preferential in the Irish liquidation. Redundancy and minimum notice payments were not part of the priority claim.

The liquidator asked the High Court to admit the agency as a preferential creditor for qualifying payments. The High Court rejected that request, while accepting that the agency could prove as a creditor. The Port of Waterford, representing the unsecured creditors, opposed preferential treatment. The liquidator appealed with the agency’s support.

The Supreme Court said the issue was the agency’s priority, not its right to reimbursement. It was not disputed that the agency could prove as an unsecured creditor for sums that included payments corresponding to employee claims. The court found that the agency had been legally required to pay liabilities for which the companies were primarily responsible.

Section 285(6) gives a person who pays certain employee debts out of money advanced for that purpose a right to priority to the extent the employees’ own preferential claims have been reduced. The court considered objections that the agency had not “advanced” money, that it paid employees directly rather than from a larger fund, and that payment had to precede the winding-up. It rejected those arguments, reading the provision in light of its purpose and finding no requirement for an intermediary, a separate fund or payment before winding-up.

The court held that the agency was entitled to appropriate priority under section 285(6), and allowed the appeal. It directed that an order be made under paragraph D of the liquidator’s notice of motion, returnable on 11 July 2005. The judgment does not specify the amount ultimately payable or determine the agency’s claim as to any particular sum; the payments remain subject to adjudication as a creditor in the liquidation.

Read the original court judgment

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