Follow us


The judgment in Re Virgin Active Holdings Limited [2021] EWHC 1246 has empowered the use of restructuring plans under Part 26A to the Companies Act 2006 (‘RPs’) to compromise the rights of unsecured creditors based on evidence that they would receive little or no return on an insolvency.  

This is potentially significant for defined benefit pension schemes.  In this article published in the International Corporate Rescue Journal, Samantha Brown, John Whiteoak and Phillip Lis consider how this may affect the role of scheme trustees and other stakeholders in restructurings and the hurdles and potential risks to companies considering compromising pension liabilities without trustee consent.

This article first appeared in Volume 18, Issue 4 of International Corporate Rescue and is reprinted with the permission of Chase Cambria Publishing - www.chasecambria.com.

Read more

Key contacts

Samantha Brown photo

Samantha Brown

Managing Partner of EPI (West), London

Samantha Brown
John Whiteoak photo

John Whiteoak

Partner, London

John Whiteoak
Philip Lis photo

Philip Lis

Partner, London

Philip Lis
London Employment, Pensions and Incentives Restructuring, Turnaround and Insolvency Corporate Mergers and Acquisitions Dispute Resolution Samantha Brown John Whiteoak Philip Lis