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Court of Appeal dismisses appeal in IPO case (Horton v Henry)

Court of Appeal dismisses appeal in IPO case (Horton v Henry)
Published on: 07 October 2016
Published by: LexisPSL
  • Court of Appeal dismisses appeal in IPO case (Horton v Henry)
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  • What is the background to this decision?

Article summary

Restructuring & Insolvency analysis: The Court of Appeal has handed down it’s long-awaited judgment in Horton (as Trustee in Bankruptcy of Michael Gerard Henry) v Henry dismissing the appeal brought by Mr Horton against the decision of Robert Englehart QC (sitting as a Deputy Judge of the Chancery Division) dated 17 December 2014. The High Court had held 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). or take a trial to read the full analysis.

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