Pensions and bankruptcy – a longer wait

If you go bankrupt can the Trustee get at your pension? Well if you are over 55 (or even 52) then they might be able to. Or on the other hand they might not. An unsatisfactory state of affairs, brought about by two contradictory decisions of High Court judges – Raithatha v Williamson or Horton v Henry.

Fortunately Horton v Henry is going to the Court of Appeal. Unfortunately the date originally given  – 25/25 Jan 2016 – has not been effective, and the case has been relisted for 21/22 April 2016. So a bit longer to wait.

For more details of the cases see my earlier posts here and here.


Author: Coventry Man

A perspective from a litigation lawyer in the Midlands. After many years in Coventry I am now with David Lee Solicitors in Kenilworth, helping people with all sorts of litigation, especially property and landlord & tenant problems.

9 thoughts on “Pensions and bankruptcy – a longer wait”

  1. Just looked at the CA Casetracker and the Horton v Henry appeal was showing as “Awaiting result of a reserved judgment” as at 13.5.16. So keep twiddling the thumbs.

  2. No more news at present. I haven’t heard whether the hearing was effective – I hope it was. The CA take a number of weeks to produce their judgments. I suspect there will be wide publicity for this one in the legal press, and beyond.

  3. Hi there. Assuming this appeal was heard in April 2016, do you know what the decision is? Thanks.

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