Bell & Anor v Singh & Anor [2024] EWHC 2725 (KB) (04 October 2024)

Bell & Anor v Singh & Anor [2024] EWHC 2725 (KB) (04 October 2024)

The court is satisfied that the requirements for third-party debt orders are met, the objections raised by the defendants are unfounded or irrelevant, and auxiliary orders are justified to enable enforcement against pension assets.

Citation
[2024] EWHC 2725 (KB)
Parties
Claimant: SEG BELL; Claimant: ILYA ZUBAREV; Defendant: RATNA SINGH; Defendant: OLIVER BERNATH
Jurisdiction
England and Wales
Judgment Date
04 October 2024
Procedural Posture
Application for Interim and Final Third Party Debt Orders / Hearing and Determination of Interim and Final Third Party Debt Order Applications
Outcome
interim third-party debt order made final for Mattioli Woods pensions; interim third-party debt order granted for Phoenix Life pension; auxiliary order granted
Legal Topics
Third Party Debt Orders, Pension Enforcement, Auxiliary Orders, Misrepresentation, CPR Part 72
Civil Procedure Enforcement of Judgments Third Party Debt Orders Pension Enforcement Auxiliary Orders Misrepresentation CPR Part 72

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Parties

SEG BELL

Claimant

ILYA ZUBAREV

Claimant

RATNA SINGH

Defendant

OLIVER BERNATH

Defendant

Procedural Posture

Application for Interim and Final Third Party Debt Orders / Hearing and Determination of Interim and Final Third Party Debt Order Applications

Legal Issues

  1. 1 Whether interim and final third-party debt orders should be made over defendants' pensions
  2. 2 Whether auxiliary orders should be granted to require defendants to draw down pensions for enforcement

Ratio Decidendi

The court is satisfied that the requirements for third-party debt orders are met, the objections raised by the defendants are unfounded or irrelevant, and auxiliary orders are justified to enable enforcement against pension assets.

Court Disposition

interim third-party debt order made final for Mattioli Woods pensions; interim third-party debt order granted for Phoenix Life pension; auxiliary order granted

Orders

  • Final third-party debt order over Mattioli Woods pensions
  • Interim third-party debt order over Phoenix Life pension