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02 December 2016 / Graham McPhie
Issue: 7728 / Categories: Features , Commercial
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Graham McPhie reports on resolving the tension between bankruptcy & pension rights

  • Horton v Henry [2016] EWCA Civ 989, [2016] All ER (D) 50 (Oct) has settled a conflict between two High Court decisions regarding whether a trustee in bankruptcy was entitled to force a bankrupt to take a pension not yet in payment.

In Raithatha v Williamson (a bankrupt) [2012] EWHC 909 (Ch), [2012] 3 All ER 1028 the High Court determined that a bankrupt’s entitlement to compel payment of pension benefits fell to be included in the assessment of his income within the meaning of s 310(7) of the Insolvency Act 1986 (IA 1986).

The High Court in Henry v Horton [2014] EWHC 4209 (Ch), [2014] All ER (D) 193 (Dec) declined to follow Raithatha on the grounds that it was wrong on the effect of s 310(7).

The Court of Appeal formulated the question as follows: “Does a pension entitlement in respect of which a bankrupt has a present right to elect to draw down payment (but which

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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