The WLR Daily case summaries
[2022] WLR(D) 423
Court of Appeal
Bacci and others v Green
[2022] EWCA Civ 1393
Newey, Males, Arnold LJJ
2022 Sept 29;
Oct 25
Oct 25
Judgment— Enforcement— Recovery form pension fund— Claimant judgment creditors seeking to enforce judgment debt by exercising defendant’s rights under pension scheme— Defendant entitled to elect to draw down larger proportion of pension fund as lump sum giving rise to larger tax liability— Whether court having power to make order requiring defendant to delegate power to make election to claimants’ solicitors— Whether court having power to make receivership order where power to delegate neither property nor tantamount to ownership— Whether court having power to grant injunctive relief—
Senior Courts Act 1981 (c 54), s 37(1)