SEAN LINDSAY v JARED MICHAEL O'LOUGHNANE

SEAN LINDSAY v JARED MICHAEL O'LOUGHNANE

The court has jurisdiction under section 37 of the Senior Courts Act 1981 to order a judgment debtor to give notice to pension providers to draw down pension funds for enforcement of a judgment debt, including the entirety of the funds, and section 91 of the Pensions Act 1995 does not bar such orders for personal pension plans. The court will not include a default provision authorising a third party to act unless actual default occurs.

Parties
Claimant: Sean Lindsay; Defendant: Jared Michael O'Loughnane; Third Party: Prudential Assurance Company Limited; Third Party: Royal London Mutual Insurance Society Limited; Third Party: Aegon Scottish Equitable PLC
Jurisdiction
England and Wales
Judgment Date
14 July 2022
Procedural Posture
Civil / Post Judgment Enforcement Application
Outcome
Application granted in part
Legal Topics
Third Party Debt Orders, Equitable Execution, Pension Fund Enforcement, Freezing Orders
Civil Procedure Enforcement of Judgments Trusts and Pensions Third Party Debt Orders Equitable Execution Pension Fund Enforcement Freezing Orders

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Parties

Sean Lindsay

Claimant

Jared Michael O'Loughnane

Defendant

Prudential Assurance Company Limited

Third Party

Royal London Mutual Insurance Society Limited

Third Party

Aegon Scottish Equitable PLC

Third Party

Procedural Posture

Civil / Post Judgment Enforcement Application

Legal Issues

  1. 1 Whether the court can order a judgment debtor to give notice to pension providers to draw down pension funds for enforcement of a judgment debt
  2. 2 Whether section 91 of the Pensions Act 1995 prevents enforcement against pension funds
  3. 3 Whether the court can authorise a third party to act in default of the debtor's compliance

Ratio Decidendi

The court has jurisdiction under section 37 of the Senior Courts Act 1981 to order a judgment debtor to give notice to pension providers to draw down pension funds for enforcement of a judgment debt, including the entirety of the funds, and section 91 of the Pensions Act 1995 does not bar such orders for personal pension plans. The court will not include a default provision authorising a third party to act unless actual default occurs.

Court Disposition

Application granted in part

Orders

  • Order requiring Mr O'Loughnane to give written notice to each pension provider to continue holding his pension, request draw down at normal retirement date or age 55, and direct payment to Mr Lindsay.
  • No order at this stage authorising a third party to act in default; liberty to apply granted.