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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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