Manolete Partners PLC v White [2024] EWCA Civ 1418 (15 November 2024)

Manolete Partners PLC v White [2024] EWCA Civ 1418 (15 November 2024)

A court order requiring a judgment debtor to draw down their occupational pension and direct payment to a specified account for the purpose of satisfying a judgment debt contravenes section 91(2) of the Pensions Act 1995, as its real-world effect is to restrain the debtor from receiving their pension for their own benefit and to facilitate its attachment by a creditor, which is precisely what the statutory protection is designed to prevent.

Citation
[2024] EWCA Civ 1418
Parties
Applicant/respondent: Manolete Partners PLC; Respondent/appellant: Ian Russell White
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Enforcement of Judgments, Occupational Pension Schemes, Inalienability of Pension Rights, Section 91 Pensions Act 1995, Mandatory Injunctions, Third Party Debt Orders
Pensions Law Insolvency Law Civil Procedure Enforcement of Judgments Occupational Pension Schemes Inalienability of Pension Rights Section 91 Pensions Act 1995 Mandatory Injunctions +1 more

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Parties

Manolete Partners PLC

Applicant/respondent

Ian Russell White

Respondent/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a judgment creditor can obtain a mandatory injunction requiring a judgment debtor to draw down a lump sum from their occupational pension fund for satisfaction of a judgment debt
  2. 2 Whether such an order contravenes section 91 of the Pensions Act 1995

Ratio Decidendi

A court order requiring a judgment debtor to draw down their occupational pension and direct payment to a specified account for the purpose of satisfying a judgment debt contravenes section 91(2) of the Pensions Act 1995, as its real-world effect is to restrain the debtor from receiving their pension for their own benefit and to facilitate its attachment by a creditor, which is precisely what the statutory protection is designed to prevent.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court requiring Mr. White to draw down his pension and notify Manolete set aside
  • No mandatory injunction to require drawdown of pension fund for judgment satisfaction