header-logo header-logo

04 November 2016
Issue: 7721 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 4 November 2016

Pension relief for bankrupts; Suspended order shock; Family non-disclosure; Insolvency Rules found

LAUGHING BANKRUPT

An income payments order or undertaking with a life of up to three years under s 310 of the Insolvency Act 1986 is one of those irritations which the bankrupt will tolerate. It’s a device to provide a few crumbs to the creditors but it must never reduce the bankrupt’s income below that necessary to meet the reasonable domestic needs of themselves and their family. The official receiver or trustee will not be stirred into even thinking about seeking payments unless the bankrupt has at least a spare £20 per month.

The post-29 May 2002 bankrupt will generally preserve their pension. However, Raithatha v Williamson [2012] EWHC 909 (Ch) decided that a bankrupt could effectively be compelled to draw down for the purpose of servicing an income payments order. That decision has just been rubbished by the Court of Appel in Horton v Henry [2016] EWCA Civ 989. It would drive a coach and horses through the legislative protection afforded to bankrupts. That a judgment creditor could force a draw

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll