Law · Legal Information · Justice
 

Pari Passu

Latin: Equitably and without preference.

This term is often used in bankruptcy proceedings where creditors are said to be pari passu which means that they are all equal and that distribution of the assets will occur proportionately but otherwise without preference between them.

The 3rd Edition of Mozley and Whiteley's Law Dictionary, the authors wrote of pari passu:

"On an equal footing or proportionately. A phrase used especially of the creditors of an insolvent estate who (with certain exceptions) are entitled to payment of their debts in shares proportioned to their respective claims."

In Merchant Bills, Justice Gibbs wrote that in the context of bankruptcy proceedings of a company, pari passu means:

"... that all stockholders were to be treated equally and all were to receive payment, at the same rate of moneys owing to them."

REFERENCES:

  • Merchant Bills Corp v Permanent Nominees 1972-3 ALR 565 (Australia)
  • West, L. and Neave, F., Mozley and Whiteley's Law Dictionary, 3rd Ed. (London: Butterworth & Co., 1908), page 236.

Are we missing anything? If you think there is a term that should be included, please send us the suggestion

  • Dictionary
  • Resources
  • LawMag

Latest LagMag headlines:

H1N1 Law - Swine Law for a Swine Flu

In a state of public health law anarchy, professional hockey players receive a killer flu vaccine while infants and pregnant women wait.

The Death of the Common Law: Expiry date, 2100

Just about now, but for the economic might of the United States of America, the last funeral bell tolls of the common law would be fading.

Gretzky Law

The recent Phoenix Coyotes debacle, in which he left behind his job, is not the only time Wayne Gretzky has had to leave from the side exit of a courtroom.


Read earlier headlines »
Subscribe to stay in touch »

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top