Raithatha (as Trustee in Bankruptcy of Michael Roy Williamson) v Williamson [2012] EWHC 909 (Ch), [2012] All ER (D) 909 (Apr)
On the proper interpretation of s 310(7) of the Insolvency Act 1986, a bankrupt did have an entitlement to a payment under a pension scheme, not merely where the scheme was in payment of benefit but also where, under the rules of the scheme, he would be entitled to payment merely by asking for payment. That interpretation was not an unjustifiable interference with his rights to property in breach of the European Convention on Human Rights. Further, there was nothing to prevent a one-off payment, or a number of one-off payments on different occasions from different sources as a result of different entitlements, being regarded as payments in the nature of income from time to time made to him.
