Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

10 OCT 2016

Horton v Henry [2016] EWCA Civ 989

Horton v Henry [2016] EWCA Civ 989
(Court of Appeal, McFarlane, Gloster LJJ, Sir Stanley Burnton, 7 July 2016)

The Court of Appeal has confirmed that the court did not have the power to require Mr Henry (or indeed any bankrupt) to elect to draw down his pension in any particular way within the context of an application by a trustee in bankruptcy (trustee) for an income payments order (IPO) under section 310 of the Insolvency Act 1986 (IA 1986).
Neutral Citation Number: [2016] EWCA Civ 989
Case No: A2/2015/0152

IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT (CHANCERY DIVISION)
Mr Robert Englehart QC sitting as a Deputy High Court Judge
5995/2012

Royal Courts of Justice
Strand
London
WC2A 2LL

Date: 07/10/2016

Before :


LORD JUSTICE MCFARLANE
LADY JUSTICE GLOSTER
and
SIR STANLEY BURNTON


- - - - - - - - - - - - - - - - - - - - -


Between :


ROBERT WILLIAM LESLIE HORTON
(as Trustee in Bankruptcy of Michael Gerard Henry)
Appellant


- and -


MICHAEL GERARD HENRY
Respondent


- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -


Mr Stephen Davies QC and Mr Simon Passfield (instructed by Edwin Coe LLP) for the Appellant
Mr Laurent Sykes QC (instructed under the Bar Direct Access Scheme) for the Respondent


Hearing dates : 21 April 2016
Further submissions received 16 May and 2 June 2016


- - - - - - - - - - - - - - - - - - - - -

Horton v Henry [2016] EWCA Civ 989

Judgment Approved
Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online

Financial Remedies Handbook

Formerly entitled the Ancillary Relief Handbook this is the first resort for thousands of...

More Info from £79.00
Available in Family Law Online
Subscribe to our newsletters