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    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Cayman Court dispenses with the Houldsworth rule
    2023-07-24

    Misled or defrauded shareholders may rank equally with creditors in liquidations of insolvent funds

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Ogier, Corporations Act 2001 (Australia), Insolvency Act 1986 (UK), House of Lords
    Authors:
    Corey Byrne , Gemma Lardner
    Location:
    Cayman Islands
    Firm:
    Ogier
    English court widens scope of transactions defrauding creditors
    2023-07-11

    The English Court of Appeal has widened the scope of transactions defrauding creditors under section 423 of the Insolvency Act 1986 in a recent case, Invest Bank PSC v El-Husseini and others (Invest Bank).

    Under s.423, the court will only make an order if it is satisfied that a transaction at an undervalue was entered into by a debtor for the purpose of putting assets beyond the reach of a person who may make a claim against them or otherwise prejudicing their interests in relation to such claim.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing, Insolvency Act 1986 (UK)
    Authors:
    Louise Jennings , Isabelle Moisy
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Horton v Henry [2014] - High Court contradicts earlier case by ruling bankrupt cannot be required to draw pension to pay creditors
    2015-01-26

    Declining to follow a 2012 decision, the High Court has ruled that a bankrupt’s unexercised rights to draw his pension did not represent income to which he was entitled within the meaning of the Insolvency Act 1986, and so did not form part of the bankruptcy estate.

    Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Initial public offerings, Insolvency Act 1986 (UK)
    Authors:
    Peter Ford , Lesley Browning , Lesley Harrold
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright

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