NIHAL MOHAMMED KAMAL BRAKE & Anor v GEOFFREY WILLIAM GUY & Ors

NIHAL MOHAMMED KAMAL BRAKE & Anor v GEOFFREY WILLIAM GUY & Ors

No final third party debt order can be made at this stage because the pension fund is not in cash and no debt is presently due; however, it is just and convenient to order Mr Brake to exercise his right to draw down his pension or delegate that right to the Guy Parties, so that a debt will arise to which a TPDO can attach. The trustee has no relevant discretion to refuse payment once the right is properly exercised and all documentation is complete.

Parties
Claimant: Nihal Mohammed Kamal Brake; Claimant: Andrew Young Brake; Defendant: Geoffrey William Guy; Defendant: The Chedington Court Estate Limited; Defendant: Axnoller Events Limited; Third Party: James Hay Pension Trustees Limited
Jurisdiction
England and Wales
Judgment Date
11 July 2022
Procedural Posture
Civil Enforcement of Judgment / Ruling on Further Consideration of Third Party Debt Order and Ancillary Applications
Outcome
Ancillary injunction granted; final third party debt order not made at this stage
Legal Topics
Third Party Debt Orders, Enforcement of Judgments, Pension Drawdown, Injunctions, Trustee Duties
Civil Procedure Trusts and Equity Pensions Law Third Party Debt Orders Enforcement of Judgments Pension Drawdown Injunctions Trustee Duties

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Parties

Nihal Mohammed Kamal Brake

Claimant

Andrew Young Brake

Claimant

Geoffrey William Guy

Defendant

The Chedington Court Estate Limited

Defendant

Axnoller Events Limited

Defendant

James Hay Pension Trustees Limited

Third Party

Procedural Posture

Civil Enforcement of Judgment / Ruling on Further Consideration of Third Party Debt Order and Ancillary Applications

Legal Issues

  1. 1 Whether a final third party debt order (TPDO) can be made against the pension trustee in respect of Mr Brake's pension fund
  2. 2 Whether the court should grant ancillary injunctions to require Mr Brake to exercise his right to draw down his pension or delegate that right
  3. 3 Whether the pension fund constitutes a debt due or accruing due for the purposes of a TPDO

Ratio Decidendi

No final third party debt order can be made at this stage because the pension fund is not in cash and no debt is presently due; however, it is just and convenient to order Mr Brake to exercise his right to draw down his pension or delegate that right to the Guy Parties, so that a debt will arise to which a TPDO can attach. The trustee has no relevant discretion to refuse payment once the right is properly exercised and all documentation is complete.

Court Disposition

Ancillary injunction granted; final third party debt order not made at this stage

Orders

  • Mr Brake to provide all information and documentation required by the third party to exercise his right to draw down his pension.
  • Guy Parties to draft and settle the necessary documentation for drawdown, with input from Mr Brake.