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England and Wales decisions
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A & Z, Re (No. 2) (Interim Third Party Debt Order) [2026] EWFC 90 (29 April 2026)
The Family Court considered an interim third party debt order against the respondent’s solicitors but found the application unsupported and not pursued. Costs were awarded to the solicitors.
Zubarev & Anor v Singh & Anor [2025] EWHC 2242 (Ch) (03 September 2025)
The court considered whether final third party debt orders could be made against sums in personal pensions after section 37 orders had compelled drawdown.
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.
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Ward Hadaway LLP is entitled to a lien over the deposit monies (£47,000) paid into its client account prior to the freezing order, and a contractual and common law set-off over the proceeds of the Italian Property paid into its client account, to the extent of £386,417.36. Therefore, only the balance of £109,529.69 is subject to the third party debt order, which should be made final in that amount.
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Manolete Partners PLC v White [2024] EWCA Civ 1418 (15 November 2024)
The Court of Appeal held that a creditor could not use a mandatory injunction to force drawdown of an occupational pension to satisfy a judgment debt.
Given the defendants' vigorous opposition and the complexity of the proceedings, the court exercised its discretion to award the claimant 90% of its costs on the standard basis, exceeding fixed recoverable costs. The third party was made jointly and severally liable for costs due to her active and untruthful participation. Indemnity costs were refused as the conduct was not out of the norm. Interest under section 35A was refused as a TPDO is not a cause of action against the third party. A payment on account of £20,000 was ordered, and a stay pending appeal was granted against the defendants,…
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The £25,000 paid to the third party was not genuine rent or a gift but was held to the order of the first defendant, with Tom D’Arcy acting as her nominee. Payments out by the third party at the direction of the first defendant reduced the debt, leaving £7,755.04 repayable and subject to a final third party debt order. The court exercised its discretion to make the order final, finding an intention to create legal relations and rejecting the argument that the sum was too small to justify enforcement.
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Chedington Events Ltd v Brake & Anor [2024] EWHC 384 (Ch) (22 February 2024)
The High Court awarded costs on a standard basis after a contested third party debt order hearing, ordered £20,000 on account, refused interest, and stayed the order pending appeal.
Chedington Events Ltd v Brake & Anor [2024] EWHC 101 (Ch) (25 January 2024)
The court made final a third party debt order for £7,755.04 after finding £25,000 had been held to the first defendant’s order and partly repaid.
The High Court refused permission to enforce an old registered judgment, set aside an interim third party debt order, and noted set-off would limit recovery if enforcement were allowed.
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