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
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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...

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