The respondent had the benefit of a single member company pension scheme. He sold the company, but the purchasers, now assignees of the pension, and appellants alleged breach of warranty in the company sale, and sought to prevent further payments under the pension scheme.
Held: A consent order to restrict payment of sums falling due in the future would be valid, and nothing in the Act prevented such an order, but so far as the order affected accrued rights, it was invalid under the Act. Since the order made no distinction it was entirely unenforceable.
Judges:
Lord Justice Aldous Lord Justice Mance Lord Justice Latham
Citations:
[2003] EWCA Civ 1047, Times 18-Sep-2003
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – In re Scientific Instrument Pension Plan Trusts ChD 1999
The court accepted the application to pension trust deeds of the principle, whereby a forfeiture provision in a will or other trust instrument, purporting to forfeit an absolute or life interest in the event of voluntary or involuntary alienation, . .
Lists of cited by and citing cases may be incomplete.
Financial Services
Updated: 23 October 2022; Ref: scu.184854
