pensions solicitors


Last Friday’s judgment from the Court of Appeal in the case of Horton v Henry gives long-needed clarity on the position of pensions in bankruptcy matters.

Whilst the judgment is detailed, in principle it states;

  • uncrystallised pension rights do not fall within the bankruptcy estate and
  • a trustee in bankruptcy cannot compel a bankrupt to drawdown or crystallise his/her pension even if they are at the age where the bankrupt is contractually entitled to do so.

Karen Elder, Partner in Disputes team at Beswicks comments;

“This is an important judgment and brings clarity to what has been an uncertain area for all concerned in bankruptcy matters.

Pre-bankruptcy enforcement of Court judgments is not affected and a pension pot can still be considered as an asset to enforce a judgment against prior to bankruptcy”

 For more details on this or any aspect of dispute resolution, contact Karen Elder on 01782 205000 or

Beswicks Legal Dispute Resolution team awarded Top Tier in the 2016 Legal 500 Guide to Law Firms.