Manolete Partners PLC v Ian Russell White

Manolete Partners PLC v Ian Russell White

The order requiring Mr. White to draw down his pension and pay it into a nominated account for the purpose of satisfying a judgment debt contravenes section 91(2) of the Pensions Act 1995, as its effect is to restrain him from receiving his pension for his own benefit. The statutory purpose is to protect future pension entitlements from creditor claims, and the court must interpret and apply the statute realistically and purposively. The exceptions under section 91(5)(d) do not apply to breaches of fiduciary duty unless they amount to criminal, negligent, or fraudulent acts.

Parties
Respondent: Manolete Partners PLC; Appellant: Ian Russell White
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; order set aside.
Legal Topics
Inalienability of Occupational Pension, Mandatory Injunction, Enforcement of Judgment Debt, Section 91 Pensions Act 1995, Discretion Under Section 37 Senior Courts Act 1981
Pensions Law Insolvency Law Equity Inalienability of Occupational Pension Mandatory Injunction Enforcement of Judgment Debt Section 91 Pensions Act 1995 Discretion Under Section 37 Senior Courts Act 1981

Case Brief

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Parties

Manolete Partners PLC

Respondent

Ian Russell White

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

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 and direct payment to a specified account
  2. 2 Whether such an order contravenes section 91(2) of the Pensions Act 1995
  3. 3 Whether exceptions under section 91(5)(d) apply to breaches of fiduciary duty

Ratio Decidendi

The order requiring Mr. White to draw down his pension and pay it into a nominated account for the purpose of satisfying a judgment debt contravenes section 91(2) of the Pensions Act 1995, as its effect is to restrain him from receiving his pension for his own benefit. The statutory purpose is to protect future pension entitlements from creditor claims, and the court must interpret and apply the statute realistically and purposively. The exceptions under section 91(5)(d) do not apply to breaches of fiduciary duty unless they amount to criminal, negligent, or fraudulent acts.

Court Disposition

Appeal allowed; order set aside.

Orders

  • The appeal is allowed.
  • The mandatory injunction requiring Mr. White to draw down his pension and pay it into a nominated account is set aside.