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Jade Quirke
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Horton v Henry [2016] EWCA Civ 989
Date:10 OCT 2016
Third slide
(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


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Between :


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


- and -


MICHAEL GERARD HENRY
Respondent


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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


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Horton v Henry [2016] EWCA Civ 989

Judgment Approved