Law digests: 22 May 2020

Company

Re Debenhams Retail Ltd (in administration) Rowley and another (as joint administrators of Debenhams Retail Ltd) [2020] EWCA Civ 600, [2020] All ER (D) 42 (May)

The judge had been correct to determine that, by paying only the amounts which might be claimed under the Coronavirus Job Retention Scheme (JRS) to employees of Debenhams Retail Ltd (the company) while they had been furloughed, the appellant joint administrators had adopted the contracts of those employees with the effect that those employees had, potentially, enjoyed super-priority in the administration. The Court of Appeal, Civil Division, dismissing the administrators’ appeal, held that the question was whether the conduct of the administrators had been such that they had to be taken to have accepted that the relevant amounts falling due under the employment contracts had enjoyed super-priority. In the present case, because of the nature of the JRS, the administrators had continued the employment of the furloughed employees.

European Union

LG and others v Rina SpA and another C-641/18, [2020] All ER (D) 69 (May)

Article