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04 November 2016
Issue: 7721 / Categories: Features , Civil way , Procedure & practice
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Civil way: 4 November 2016

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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MOVERS & SHAKERS

Hugh James—Jonathan Askin

Hugh James—Jonathan Askin

London corporate and commercial team announces partner appointment

Michelman Robinson—Daniel Burbeary

Michelman Robinson—Daniel Burbeary

Firm names partner as London office managing partner

Kingsley Napley—Jonathan Grimes

Kingsley Napley—Jonathan Grimes

Firm appoints new head of criminal litigation team

NEWS
Hugh James has secured 500 places on King’s College London’s new AI Literacy for Law course as part of a major firm-wide push to strengthen its responsible use of generative artificial intelligence
The criminal courts will sit to their maximum capacity next year, after the Lord Chancellor David Lammy lifted the cap on Crown Court sitting days
The Lord Chancellor David Lammy has set out his plans for ‘Blitz courts’, a national listing framework and other elements of the Leveson reforms
A former Commerzbank analyst has been sentenced to eight months in prison for lying during an employment tribunal hearing
The Information Commissioner’s Office (ICO) has joined with 60 data protection authorities from around the world to call for ‘urgent regulatory attention’ to the dangers of artificial intelligence (AI)
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