Family Law Hub

Horton v Henry (Rev 1) [2016] EWCA Civ 989

In a tweet: Bankrupt not required to draw down unelected pension for income payments order

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Case note, published: 07/11/2016

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  • Appeal by the Trustee in Bankruptcy against the dismissal of his application for an income payments order pursuant to section 310 of the Insolvency Act 1986 in respect of income which might become payable to the respondent from his personal pension policies, were he to exercise his contractual rights under those policies to draw down a lump sum or other payments. The question before the court was: "Does a pension entitlement in respect of which a bankrupt has a present right to elect to draw down payment (but which he has not yet exercised) fall to be included in the assessment of his income: 'to which he from time to time becomes entitled' within the meaning of section 310(7) of the Insolvency Act when the court is considering whether and, if so, on what terms, to make an IPO under section 310?" The court dismissed the appeal. Judgment, 17/10/2016, free

Published: 07/11/2016

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