Manolete Partners PLC v White [2024] EWCA Civ 356 (11 April 2024)
The appeal raises a seriously arguable point of statutory interpretation with wider importance; the court adjourned the hearing to allow the appellant to seek representation and for the issues to be properly ventilated.
- Citation
- [2024] EWCA Civ 356
- Parties
- Applicant/respondent: Manolete Partners PLC; Respondent/appellant: Ian Russell White
- Jurisdiction
- England and Wales
- Judgment Date
- 11 April 2024
- Procedural Posture
- Appeal / Adjournment Pending Further Hearing
- Outcome
- Adjourned
- Legal Topics
- Statutory Interpretation, Section 91(2) Pensions Act 1993, Section 37(1) Senior Courts Act 1981, Judgment Enforcement, Occupational Pension Schemes
Case Brief
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Parties
Manolete Partners PLC
Applicant/respondent
Ian Russell White
Respondent/appellant
Procedural Posture
Appeal / Adjournment Pending Further Hearing
Legal Issues
- 1 Does section 91(2) of the Pensions Act 1993 prohibit the court from ordering a judgment debtor to draw down money from an occupational pension scheme to pay a judgment debt?
Ratio Decidendi
The appeal raises a seriously arguable point of statutory interpretation with wider importance; the court adjourned the hearing to allow the appellant to seek representation and for the issues to be properly ventilated.
Court Disposition
Adjourned
Orders
- Appeal adjourned to allow appellant to seek representation.
- Appeal to be relisted for a full day hearing.
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