David Bacci & Ors v Matthew Green

David Bacci & Ors v Matthew Green

The court held that it was within its equitable jurisdiction under section 37(1) of the Senior Courts Act 1981 to order Mr Green to delegate his power to revoke 'enhanced protection' and to draw down pension lump sums, as these rights are sufficiently connected to property and the demands of justice require enforcement of a fraud judgment. Public policy does not prevent such enforcement, and the adverse tax consequences do not outweigh the creditors' rights.

Parties
Claimant/respondent: David Bacci; Claimant/respondent: Michael Boyle; Claimant/respondent: Paul Mundy; Claimant/respondent: Marek Zwiefka-Sibley; Defendant/appellant: Matthew Green
Jurisdiction
England and Wales
Judgment Date
25 October 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Enforcement of Judgments, Bankruptcy and Fraud Exception, Pension Rights and Execution, Equitable Remedies
Civil Procedure Insolvency Pensions Law Enforcement of Judgments Bankruptcy and Fraud Exception Pension Rights and Execution Equitable Remedies

Case Brief

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Parties

David Bacci

Claimant/respondent

Michael Boyle

Claimant/respondent

Paul Mundy

Claimant/respondent

Marek Zwiefka-Sibley

Claimant/respondent

Matthew Green

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the power to revoke 'enhanced protection' under pension rules can be the subject of an order under section 37(1) of the Senior Courts Act 1981 for enforcement of a judgment debt.
  2. 2 Whether public policy prevents enforcement against pension rights post-bankruptcy where the debt arises from fraud.
  3. 3 Whether the adverse tax consequences of revoking 'enhanced protection' make it unjust or inconvenient to grant the order.

Ratio Decidendi

The court held that it was within its equitable jurisdiction under section 37(1) of the Senior Courts Act 1981 to order Mr Green to delegate his power to revoke 'enhanced protection' and to draw down pension lump sums, as these rights are sufficiently connected to property and the demands of justice require enforcement of a fraud judgment. Public policy does not prevent such enforcement, and the adverse tax consequences do not outweigh the creditors' rights.

Court Disposition

Appeal dismissed

Orders

  • Order of the High Court affirmed requiring Mr Green to delegate to the Creditors' solicitors his power to revoke 'enhanced protection', seek individual protection, and elect to draw down pension benefits.
  • Creditors' solicitors authorised to give instructions to the pension trustees for payment of lump sums and pension benefits.