The Court of Appeal today adjourned the appeal in Manolete Partners plc v White [2024] EWCA Civ 356, which was described as raising an important point of interpretation of s.91(2) of the Pensions Act 1995, being whether that provision prohibits the court from requiring a judgment debtor to exercise a right to draw down money from an occupational pension scheme so that it can be made available to pay the judgment debt against him. The Appellant, who had the benefit of legal advice until shortly before the hearing, ran out of money and applied for an adjournment to seek representation from counsel on a pro bono basis. The Court granted the adjournment, on the basis that the appeal raised points which were seriously arguable and of wider potential importance to occupational pensions generally, on condition that the hearing be relisted without undue delay. We await to see when the appeal will be heard.
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A transcript of the short Court of Appeal judgment can be found here.