Coventry View

A litigation lawyer's perspective

Pensions and bankruptcy – a longer wait

with 9 comments

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.


Written by Coventry Man

27/01/2016 at 14:43

9 Responses

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  1. And still waiting on 15/7/16. If it doesn’t come soon the judges will be off on their hols and we’ll have to wait until autumn.

    Coventry Man

    18/07/2016 at 10:21

  2. Still waiting for reserved judgment as at 17.6.16.

    Coventry Man

    17/06/2016 at 12:45

  3. Still marked as awaiting reserved judgment as at 1.6.16.

    Coventry Man

    02/06/2016 at 14:04

  4. 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.

    Coventry Man

    16/05/2016 at 15:35

  5. 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.

    Coventry Man

    16/05/2016 at 12:47

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

    P Hill

    16/05/2016 at 12:38

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