Ilya Zubarev & Anor v Ratna Singh & Anor

Ilya Zubarev & Anor v Ratna Singh & Anor

Personal pensions held by defendants are not occupational pension schemes and are not protected by s.91 Pensions Act 1995; section 37 orders are valid and enforceable, having been implemented by third parties; TPDOs require an existing debt due at time of order, which was not present when interim TPDOs were made, but now debts exist due to section 37 orders; court cannot make speculative or prospective TPDOs, but may waive interim order requirement given procedural history and existing debts.

Parties
Claimant: Mr. Ilya Zubarev; Claimant: Mr. Serg Bell; Defendant: Ms. Ratna Singh; Defendant: Dr. Oliver Bernath; Third Party: Mattioli Woods PLC; Third Party: Phoenix Life Limited
Jurisdiction
England and Wales
Judgment Date
09 March 2025
Procedural Posture
Civil / Judgment on Applications for Final Third Party Debt Orders and Auxiliary Orders Under Section 37
Outcome
Section 37 orders upheld and implemented; interim TPDOs not made final due to absence of debt at time of order; court to hear counsel on whether TPDOs can now be made final given existing debts.
Legal Topics
Third Party Debt Orders, Personal Pensions, Fraudulent Misrepresentation, Breach of Warranty, Section 37 Orders, CPR Rule 72, Pensions Act 1995, Senior Courts Act 1981
Civil Procedure Pensions Law Enforcement of Judgments Third Party Debt Orders Personal Pensions Fraudulent Misrepresentation Breach of Warranty Section 37 Orders +3 more

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Parties

Mr. Ilya Zubarev

Claimant

Mr. Serg Bell

Claimant

Ms. Ratna Singh

Defendant

Dr. Oliver Bernath

Defendant

Mattioli Woods PLC

Third Party

Phoenix Life Limited

Third Party

Procedural Posture

Civil / Judgment on Applications for Final Third Party Debt Orders and Auxiliary Orders Under Section 37

Legal Issues

  1. 1 Whether personal pensions held by defendants are occupational pension schemes under s.1 Pension Schemes Act 1993
  2. 2 Whether s.91 Pensions Act 1995 protections apply to personal pensions
  3. 3 Whether court should grant final third party debt orders in respect of personal pensions

Ratio Decidendi

Personal pensions held by defendants are not occupational pension schemes and are not protected by s.91 Pensions Act 1995; section 37 orders are valid and enforceable, having been implemented by third parties; TPDOs require an existing debt due at time of order, which was not present when interim TPDOs were made, but now debts exist due to section 37 orders; court cannot make speculative or prospective TPDOs, but may waive interim order requirement given procedural history and existing debts.

Court Disposition

Section 37 orders upheld and implemented; interim TPDOs not made final due to absence of debt at time of order; court to hear counsel on whether TPDOs can now be made final given existing debts.

Orders

  • Section 37 orders remain in effect and are implemented by third parties.
  • Interim TPDOs not made final; court to hear further submissions on making TPDOs final given current debts.