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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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