header-logo header-logo

14 September 2012 / Roderick Ramage
Issue: 7529 / Categories: Features , Banking
printer mail-detail

Out of pocket

Roderick Ramage describes a radical shift in the law on bankruptcy

When an individual becomes bankrupt, his estate automatically vests in his trustee in bankruptcy (TIB) under s 306 of the Insolvency Act 1986 (IA 1986).

Where the bankruptcy order was made before 29 May 2000, it was established in Re Landau [1997] 3 All ER 322 that the TIB was entitled to claim the entire pension benefits of the scheme member, not just pensions in payment. All the member’s rights under the policy excluding protected rights (ie rights where contracted out of the state second pension) vested in the TIB and continued to be vested in him even after the bankrupt was himself discharged, enabling the TIB to claim entitlement to them until all debts were discharged.

In an effort to protect their members, many pension schemes introduced clauses to forfeit a member’s entitlement to benefits automatically upon bankruptcy and to bring into operation protective trusts, under which the trustees had a discretion to make payments up to the value of those benefits to a particular class of beneficiaries, usually comprising the member

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll