Malcolm vMackenzie & Ors

Malcolm vMackenzie & Ors

The differential treatment of pension rights in bankruptcy between self-employed and employees arises from legal structure, not discriminatory legislative provision; contractual pension rights are property under the Insolvency Act 1986 and vest in the trustee, and Article 14 ECHR is not offended. Human Rights Act 1998 does not apply retrospectively to pre-October 2000 acts.

Parties
Appellant: William Andrew Malcolm; Respondent: Benedict Mackenzie; Respondent: Allied Dunbar PLC; Intervenor: Secretary of State for Trade and Industry; Intervenor: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
21 December 2004
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Bankruptcy Estate, Pension Rights, Discrimination Under Article 14 ECHR, Interpretation of Statutes in Light of International Obligations
Insolvency Pensions Human Rights Bankruptcy Estate Pension Rights Discrimination Under Article 14 ECHR Interpretation of Statutes in Light of International Obligations

Case Brief

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Parties

William Andrew Malcolm

Appellant

Benedict Mackenzie

Respondent

Allied Dunbar PLC

Respondent

Secretary of State for Trade and Industry

Intervenor

Secretary of State for Work and Pensions

Intervenor

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether treatment of self-employed retirement annuity contract as asset in bankruptcy violates Article 14 ECHR
  2. 2 Whether contractual pension rights should be excluded from bankruptcy estate under domestic law
  3. 3 Whether Human Rights Act 1998 applies retrospectively to pre-October 2000 acts

Ratio Decidendi

The differential treatment of pension rights in bankruptcy between self-employed and employees arises from legal structure, not discriminatory legislative provision; contractual pension rights are property under the Insolvency Act 1986 and vest in the trustee, and Article 14 ECHR is not offended. Human Rights Act 1998 does not apply retrospectively to pre-October 2000 acts.

Court Disposition

Appeal dismissed

Orders

  • Permission to add additional grounds refused
  • Permission to appeal refused