Manolete Partners Plc v Ian Russell White

Manolete Partners Plc v Ian Russell White

The applicant is entitled to require the respondent to access his occupational pension to satisfy the judgment debt, as the evidence showed the pension was funded by company assets. The court refused to admit further evidence post-judgment. The applicant is awarded all its costs, with a reduction in counsel's fees to a reasonable and proportionate amount.

Parties
Applicant: Manolete Partners Plc; Respondent: Ian Russell White
Jurisdiction
England and Wales
Judgment Date
16 March 2023
Procedural Posture
Insolvency Application / Costs Ruling and Summary Assessment Following Substantive Judgment
Outcome
Application granted; costs awarded to applicant; summary assessment of costs made.
Legal Topics
Enforcement of Judgment, Pension Access for Debt Satisfaction, Costs Assessment
Insolvency Company Law Civil Procedure Enforcement of Judgment Pension Access for Debt Satisfaction Costs Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Manolete Partners Plc

Applicant

Ian Russell White

Respondent

Procedural Posture

Insolvency Application / Costs Ruling and Summary Assessment Following Substantive Judgment

Legal Issues

  1. 1 Whether the respondent should be required to access his occupational pension to satisfy a judgment debt
  2. 2 Whether further evidence regarding the pension scheme's funding should be admitted post-judgment
  3. 3 Appropriate costs order and assessment

Ratio Decidendi

The applicant is entitled to require the respondent to access his occupational pension to satisfy the judgment debt, as the evidence showed the pension was funded by company assets. The court refused to admit further evidence post-judgment. The applicant is awarded all its costs, with a reduction in counsel's fees to a reasonable and proportionate amount.

Court Disposition

Application granted; costs awarded to applicant; summary assessment of costs made.

Orders

  • Respondent required to access occupational pension to satisfy judgment debt.
  • Applicant awarded all costs of the application.