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

Enforcement: Hooray for Horton

Alex Fox and Rebecca Andrews-Walker weigh up the recent decision in Horton v Henry ‘The Horton appeal decision will inevitably leave trustees in bankruptcy disappointed at pensions rights now being out of reach in the usual course of events.’ When this topic was last considered two years ago, there was a real danger of pension …

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Insolvency: Proceed with caution

Rebecca Stone looks at the implications of bankruptcy both prior to and following a financial agreement or order ‘A property adjustment order may not be made once a spouse has been declared bankrupt because the court has no jurisdiction to make an order in relation to assets that have vested in the trustee.’ The ramifications …

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Insolvency: At the end of the rainbow

Rebecca Andrews-Walker and Alex Fox investigate the strained relationship between insolvency and pension assets ‘The Raithatha decision may be argued to discriminate against a different class of bankrupts – those members of society who have reached pensionable age.’ In a challenging economy, bankruptcy increasingly stands accused of constituting a mechanism for debtors to escape their …

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