The bankrupt sought to protect his personal pension taken out before his bankruptcy. The bankruptcy was initiated by the Inland Revenue, and sought protection under Human Rights law.
Held: The alleged infringement of the former bankrupt’s rights had taken place before the coming into force of the Human Rights Act 1998, and he could therefore only rely on that Act if the retrospective provision of section 22(4) applied. That section would only have effect if the proceedings were instigated by a public authority. The proceedings here were begun by the trustee in bankruptcy. The bankrupt could not rely upon protection by the 1998 Act.
Judges:
The Hon Mr Justice Lloyd
Citations:
Gazette 01-Apr-2004, [2004] EWHC Ch 339
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Malcolm v Mackenzie, Allied Dunbar Plc CA 21-Dec-2004
The bankrupt complained that having been made bankrupt, his self-employed pension was subject to attachment by his trustee, but had he been a member of a company scheme the asset would not, and that this was discriminatory.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Financial Services, Insolvency
Updated: 10 June 2022; Ref: scu.193898