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CA stops OPS assets being used for judgment debt

The Court of Appeal today handed down judgment in Manolete Partners plc v White [2024] EWCA Civ 1418, overturning the first instance decision that a judgment debtor could be required to exercise a right to draw down assets from an occupational pension scheme so that they could be made available to pay the judgment debt against him. CA held that such an order infringed s.91(2) of the Pensions Act 1995, which provides that ‘no order can be made by any court the effect of which would be that he would be restrained from receiving’ a pension under an occupational pension scheme.

 

A full case note will be published on the website soon. Meanwhile, a transcript of the judgment can be found here.

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