Manolete Partners Plc v Ian Russell White
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judge | Lord Justice Snowden |
| Judgment Date | 11 April 2024 |
| Neutral Citation | [2024] EWCA Civ 356 |
| Year | 2024 |
| Docket Number | Case No: CA-2023-001116 |
Lord Justice Peter Jackson
Lord Justice Green
and
Lord Justice Snowden
Case No: CA-2023-001116
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM
BUSINESS AND PROPERTY COURTS IN MANCHESTER
His Honour Judge Hodge KC (sitting as a Judge of the High Court)
[2023] EWHC 567 (Ch) and [2023] EWHC 1350 (Ch).
Royal Courts of Justice
Strand, London, WC2A 2LL
The Appellant appeared in person
Joseph Curl KC and Jon Colclough (instructed by Addleshaw Goddard LLP) for the Respondent
Hearing date: 11 April 2024
Approved Judgment
This judgment was handed down remotely at 3 p.m. on 11 April 2024 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
Lord Justice Snowden (giving the judgment of the Court):
This appeal raises an important point of statutory interpretation as to the meaning and effect of section 91(2) of the Pensions Act 1993. The issue is whether section 91(2) prohibits the court from making an order, pursuant to section 37(1) of the Senior Courts Act 1981, requiring a judgment debtor to exercise a right to draw down money from an occupational pension scheme so that those monies can be made available to pay the judgment debt against him.
The appeal is against a decision of HHJ Hodge KC who decided that section 91(2) did not prohibit such an order, and that it was just and convenient to make it on certain terms: see Re Lloyds British Testing Limited (in liquidation), Manolete Partners plc v White [2023] EWHC 567 (Ch) and [2023] EWHC 1350 (Ch).
Shortly before this appeal was due to be heard, the Appellant, who had previously been represented by solicitors and counsel, notified the solicitors for the Respondent (Addleshaw Goddard) that he would be acting in person. The Appellant told us at the hearing that this was because he had run out of money to fund representation at the hearing. Entirely properly, Addleshaw Goddard directed the Appellant to Advocate, the pro bono charity of the Bar, but unfortunately, due to the shortness of time, it was not possible for the Appellant to obtain pro bono assistance for the appeal.
As Lord Justice Peter Jackson explained at the hearing, we had been much assisted in our pre-reading by the written submissions from counsel previously instructed on behalf of the Appellant (Tom...
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Manolete Partners Plc v Ian Russell White
...appeal, the hearing was adjourned to enable him to seek pro bono representation via Advocate, the Bar's national pro bono charity: see [2024] EWCA Civ 356. Having, through its solicitors, drawn Mr. White's attention to the possibility of obtaining pro bono representation shortly before the ......
