Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Debt definition

What does Debt mean? Debt, in pensions practice, is the sum an employer must pay to an occupational defined benefit pension scheme to meet any funding shortfall when the employer ceases to participate or the scheme winds up. In England & Wales and Scotland, this employer debt (commonly the section 75 debt) is a statutory liability under section 75 of the Pensions Act 1995 and the Occupational Pension Schemes (Employer Debt) Regulations 2005. It is typically calculated on a buy-out basis (the estimated cost of securing members’ benefits with an insurer) and becomes immediately due to the trustees on a trigger such as...

England and Wales contractual debt claims: limitation, ADR or insolvency, pre-action protocols, issuing and serving, pleading, track allocation and costs, breathing space, assignment and court-specific guidance

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note on commencing a debt claim outlines the matters to consider both before and after issuing a straightforward contractual debt action, including the correct jurisdiction, limitation, alternative dispute resolution (ADR) and insolvency options, pre-action obligations, assignment of debts, and when, where and how to issue and serve proceedings.

For an explanation of what is meant by a ‘simple contractual debt claim’ in this context, see Practice Note: Debt claims.

Further guidance on debt claims includes:

Practice Note: Discharging a contractual debt
Starting a contractual debt claim—checklist (covering, in summary, issues such as the nature of the claim, the contracting parties, the debtor’s assets, the debt’s value, and what the client aims to achieve through litigation, with links to related content)

For broader guidance on starting claims, see: Starting a claim or counterclaim—overview.

This Practice Note also addresses the interpretation and application of the relevant provisions of the cpr. Depending on the court dealing with the matter, additional provisions may apply—see the court-specific guidance below.

Debt claim—initial steps

When a client creditor approaches in respect...

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Web page updated on 22/05/2026

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