UK High Court confirms administrators can prioritise funding costs over “super priority” creditors
In a decision with significant implications for the UK litigation funding market, the High Court has confirmed that insolvency administrators can enter into litigation funding agreements and pay funders ahead of so-called “super priority” creditors, where doing so serves the purposes of the administration. The ruling in Re Cross Transport Ltd (In Administration) [2026] EWHC 1636 (Ch), handed down on 30 June 2026 by ICC Judge Jones, resolves a tension that has been a growing concern in the insolvency market, not only in the UK but also in other jurisdictions applying similar insolvency rules. The background Cross Transport Ltd entered…








