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Civil way: 4 November 2016

04 November 2016
Issue: 7721 / Categories: Features , Civil way , Procedure & practice
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Pension relief for bankrupts; Suspended order shock; Family non-disclosure; Insolvency Rules found

LAUGHING BANKRUPT

An income payments order or undertaking with a life of up to three years under s 310 of the Insolvency Act 1986 is one of those irritations which the bankrupt will tolerate. It’s a device to provide a few crumbs to the creditors but it must never reduce the bankrupt’s income below that necessary to meet the reasonable domestic needs of themselves and their family. The official receiver or trustee will not be stirred into even thinking about seeking payments unless the bankrupt has at least a spare £20 per month.

The post-29 May 2002 bankrupt will generally preserve their pension. However, Raithatha v Williamson [2012] EWHC 909 (Ch) decided that a bankrupt could effectively be compelled to draw down for the purpose of servicing an income payments order. That decision has just been rubbished by the Court of Appel in Horton v Henry [2016] EWCA Civ 989. It would drive a coach and horses through the legislative protection afforded

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Quinn Emanuel—James McSweeney

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NLJ Career Profile: Kate Gaskell, Flex Legal

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NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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