The impact of the Manolete v White judgment for debtors' pensions

Chris Edwards-Earl looks at the implications of November’s Court of Appeal ruling

clock • 3 min read
Chris Edwards-Earl: The Court of Appeal unanimously reversed the High Court's earlier judgment
Image:

Chris Edwards-Earl: The Court of Appeal unanimously reversed the High Court's earlier judgment

In a judgment handed down at the end of last year, The Court of Appeal has held, in a case where creditors were seeking a lump sum drawdown from a member's pension pot, that the trustees of the occupational pension fund were not required to arrange for funds to be made available to the creditors, nor was the defaulting member required to ask the trustees to do so.

The Court of Appeal thereby overturned the High Court's judgment at first instance, as well as another judgment made only two years ago. In this case, Mr White owned a company which went insolve...

To continue reading this article...

Join Professional Pensions

Become a Professional Pensions Lite Member today

  • Three complimentary articles per month covering the latest real-time news, analysis and opinion from the industry
  • Receive important and breaking news stories via our two daily news alerts
  • Hear from industry experts and other forward-thinking leaders

Are you a trustee, investment consultant or in-house pension and benefit scheme professional? You can apply for full complimentary access here

Join now

 

Already a Professional Pensions
member?

Login

More on Law and Regulation

TPR publishes intervention report on Northern Foods Pension Scheme

TPR publishes intervention report on Northern Foods Pension Scheme

Package includes sponsor swap and £300m of contributions paid into scheme

Jonathan Stapleton
clock 04 December 2025 • 2 min read
Industry unites to call for timing alignment on retirement CDC

Industry unites to call for timing alignment on retirement CDC

ACA, APPT and SPP among those pressing for alignment with launch of guided retirement

Jonathan Stapleton
clock 03 December 2025 • 2 min read
Budget 25: HMRC announces modifications to incoming IHT regime

Budget 25: HMRC announces modifications to incoming IHT regime

Industry welcomes change but warns blocking powers for executors could cause delays

Jonathan Stapleton
clock 27 November 2025 • 2 min read
Trustpilot