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The High Court has determined that administrators can enter into litigation funding arrangements allowing funders to be repaid from litigation proceeds ahead of moratorium debts with "super priority" status, provided this aligns with the administration's purpose and the administrators' duties. This ruling addresses a critical question about the interplay between protected moratorium creditors and the practical realities of funding litigation in insolvency proceedings.

BCL Partners Richard Reichman and John Binns have contributed to LexisNexis, examining the implications of section 250 of the Crime and Policing Act 2026 and whether the expansion of corporate criminal liability is likely to have the transformative effect many anticipate.

The decision in Crest Nicholson v Ardmore represents a significant development in the application of the Building Safety Act 2022 (“BSA”), in particular the Court’s approach to Building Liability Orders (“BLOs”) under section 130. It is the first detailed consideration of the “just and equitable” test in this context and only the second reported instance of the High Court granting such an order.