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02 December 2016 / Graham McPhie
Issue: 7728 / Categories: Features , Commercial
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Conflict of interest

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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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