Court of Appeal Reaffirms Inalienability of Occupational Pensions (White v Manolete)
Pensions analysis: This case is an important reminder from the Court of Appeal that occupational pension benefits cannot be assigned, commuted or surrendered; no charge or set-off can be exercised against them; an agreement to effect any of those things is unenforceable; and, no order can be made by any court restraining the person from receiving that pension unless it falls under one of the limited exceptions set out in section 91(5) of the Pensions Act 1995 (PA 1995). It is essential reading for those who practice insolvency, and though the decision will not come as a surprise to pensions practitioners, it will be of significant interest in respect of its interpretation of PA 1995, s 91. This decision overturns the decision of the High Court in in Re Lloyds British Testing Ltd (in liquidation) [2023] EWHC 567 (Ch). Written by Elizabeth Grace, barrister at Outer Temple Chambers.