Bacci & Ors v Green [2022] EWCA Civ 1393 (25 October 2022)

Bacci & Ors v Green [2022] EWCA Civ 1393 (25 October 2022)

The court held that the power to revoke 'enhanced protection' is sufficiently connected to the debtor's property rights in the pension scheme to be subject to an order under section 37(1) Senior Courts Act 1981, either as ancillary to receivership or as a free-standing injunction. Public policy does not preclude enforcement against pension rights post-bankruptcy for debts arising from fraud, and tax liabilities from revocation are a relevant but not determinative factor. The appeal was dismissed and the orders for enforcement were upheld.

Citation
[2022] EWCA Civ 1393
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 / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Enforcement of Judgments, Bankruptcy and Pensions, Fraudulent Debts, Equitable Remedies
Civil Procedure Insolvency Pensions Fraud Enforcement of Judgments Bankruptcy and Pensions Fraudulent Debts 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 / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a judgment creditor can enforce against pension rights post-bankruptcy for a debt arising from fraud
  2. 2 Whether the power to revoke 'enhanced protection' is property or tantamount to ownership for purposes of section 37(1) Senior Courts Act 1981
  3. 3 Whether public policy precludes enforcement against pension rights post-bankruptcy

Ratio Decidendi

The court held that the power to revoke 'enhanced protection' is sufficiently connected to the debtor's property rights in the pension scheme to be subject to an order under section 37(1) Senior Courts Act 1981, either as ancillary to receivership or as a free-standing injunction. Public policy does not preclude enforcement against pension rights post-bankruptcy for debts arising from fraud, and tax liabilities from revocation are a relevant but not determinative factor. The appeal was dismissed and the orders for enforcement were upheld.

Court Disposition

Appeal dismissed

Orders

  • Mr Green required to delegate to Creditors' solicitors his power to notify HMRC of revocation of 'enhanced protection' and to elect pension drawdown options
  • Creditors' solicitors authorised to elect for Pension Commencement Lump Sum, Lifetime Allowance Excess Lump Sum, and other pension benefits on Mr Green's behalf