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ENFORCEMENT: Hooray for Horton

02 December 2016  

Alex Fox and Rebecca Andrews-Walker weigh up the recent decision in Horton v Henry

When this topic was last considered two years ago, there was a real danger of pension rights (previously thought of as sacrosanct) being within the reach of trustees in bankruptcy by way of an income payments order (IPO). There were also two conflicting first instance decisions in play. The issue? Whether a pension entitlement capable of drawdown by election, but not yet in payment, can fall within the definition of income in s310(7) Insolvency Act 1986 (IA 1986), and so be the potential subject of an IPO.

Additional Info

  • Case(s) Referenced:

    Blight & ors v Brewster [2012] EWHC 165 (Ch)

    Hinton v Wotherspoon [2016] EWHC 621 (Ch)

    Horton v Henry [2014] EWHC 4209 (Ch); [2016] EWCA Civ 989

    Re Landau [1998] Ch 223

    Raithatha v Williamson (a bankrupt) [2012] EWHC 909 (Ch)