Fisher & Ors v Harrison & Ors [2003] EWCA Civ 1047 (29 July 2003)

Fisher & Ors v Harrison & Ors [2003] EWCA Civ 1047 (29 July 2003)

The consent order and freezing order are unenforceable and must be set aside in their entirety because they purported to assign and restrain receipt of both accrued and future pension benefits in contravention of s.91 of the Pensions Act 1995. The forfeiture clause in the scheme (Rule 19(b)) applies only to future benefits, not to sums already due. Severance of the consent order is not possible as it would alter the scope and intention of the agreement.

Citation
[2003] EWCA Civ 1047
Parties
Appellants: Fisher & Ors; Respondents: Harrison & Ors; Advocate to the Court: Clive Lewis
Jurisdiction
England and Wales
Judgment Date
29 July 2003
Procedural Posture
Civil Appeal / Appeal From Queen's Bench Division (liverpool District Registry) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Forfeiture of Pension Benefits, Assignment of Pension Rights, Interpretation of Pension Scheme Rules, Effect of Consent Orders, Application of Pensions Act 1995 S.91, Freezing (mareva) Orders, Severance of Consent Orders
Pensions Law Trusts Law Contract Law Forfeiture of Pension Benefits Assignment of Pension Rights Interpretation of Pension Scheme Rules Effect of Consent Orders Application of Pensions Act 1995 S.91 +2 more

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Parties

Fisher & Ors

Appellants

Harrison & Ors

Respondents

Clive Lewis

Advocate to the Court

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division (liverpool District Registry) to Court of Appeal

Legal Issues

  1. 1 Whether the consent order assigning pension benefits to the appellants is enforceable in light of s.91 of the Pensions Act 1995
  2. 2 Whether the forfeiture clause (Rule 19(b)) in the pension scheme applies to benefits already accrued due or only to future benefits
  3. 3 Whether the freezing order and consent order should be set aside

Ratio Decidendi

The consent order and freezing order are unenforceable and must be set aside in their entirety because they purported to assign and restrain receipt of both accrued and future pension benefits in contravention of s.91 of the Pensions Act 1995. The forfeiture clause in the scheme (Rule 19(b)) applies only to future benefits, not to sums already due. Severance of the consent order is not possible as it would alter the scope and intention of the agreement.

Court Disposition

Appeal dismissed

Orders

  • Consent order dated 30 May 2000 set aside
  • Freezing order dated 7 April 1998 (and continued 16 December 1999) set aside