Malcolm v MacKenzie & Anor

Malcolm v MacKenzie & Anor

The trustee in bankruptcy is entitled to the benefit of the applicant's retirement annuity contract because, under the law in force at the time of bankruptcy, such rights vested in the trustee. The Human Rights Act 1998 does not apply retrospectively to acts before 2 October 2000 in these proceedings, and there was no unlawful discriminatory act by a public authority. The applicant's arguments based on prior agreements, sufficiency of other assets, and discrimination fail.

Parties
Applicant: William Andrew Malcolm; First Respondent: Benedict Mackenzie; Second Respondent: Allied Dunbar plc; Intervening Party: Secretary of State for Trade and Industry; Intervening Party: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
26 February 2004
Procedural Posture
Bankruptcy Application / Judgment on Application
Outcome
Application dismissed
Legal Topics
Bankruptcy and Pension Rights, Discrimination Under ECHR, Retrospective Application of Human Rights Act, Trustee in Bankruptcy Powers
Insolvency Law Pensions Law Human Rights Law Bankruptcy and Pension Rights Discrimination Under ECHR Retrospective Application of Human Rights Act Trustee in Bankruptcy Powers

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Parties

William Andrew Malcolm

Applicant

Benedict Mackenzie

First Respondent

Allied Dunbar plc

Second Respondent

Secretary of State for Trade and Industry

Intervening Party

Secretary of State for Work and Pensions

Intervening Party

Procedural Posture

Bankruptcy Application / Judgment on Application

Legal Issues

  1. 1 Whether the trustee in bankruptcy is entitled to the benefit of the applicant's retirement annuity contract
  2. 2 Whether the difference in treatment between self-employed and employed persons regarding pension rights on bankruptcy is discriminatory under Article 14 ECHR
  3. 3 Whether the Human Rights Act 1998 applies retrospectively to acts before 2 October 2000

Ratio Decidendi

The trustee in bankruptcy is entitled to the benefit of the applicant's retirement annuity contract because, under the law in force at the time of bankruptcy, such rights vested in the trustee. The Human Rights Act 1998 does not apply retrospectively to acts before 2 October 2000 in these proceedings, and there was no unlawful discriminatory act by a public authority. The applicant's arguments based on prior agreements, sufficiency of other assets, and discrimination fail.

Court Disposition

Application dismissed