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EU pensions in insolvency proceedings—equal treatment under EU law (Re Michael Bernard McNamara)

Published on: 28 January 2020
Published by: LexisPSL
  • EU pensions in insolvency proceedings—equal treatment under EU law (Re Michael Bernard McNamara)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Restructuring & Insolvency analysis: The High Court has considered whether EU law requires pensions registered in another EU Member State to be exempted from a bankrupt’s estate in the same manner as a UK pension registered with HMRC. Mr Justice Nugee decided to make a reference to the Court of Justice to determine a preliminary issue in the bankruptcy of Michael McNamara, an Irish property developer who had been made bankrupt in the UK. It was argued on behalf of Mr McNamara—as part of an application to claim for the benefit of his estate in bankruptcy an Irish pension scheme—that to read UK law literally would mean that UK workers would receive a greater degree of protection than EU workers moving to the UK in respect of protection of their pension rights should they become bankrupt. Written by Harry Gillow, barrister, at Monckton Chambers. or take a trial to read the full analysis.

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