View Live at 1-2pm on Friday 5th September 2025
Webinar Prices:
£65 + VAT (member) / £130 + VAT (non-member)
What are the rights of trustees in sequestration to damages, compensation or other awards made to a debtor during the period of sequestration or the duration of a protected trust deed? When can a trustee reverse a pre-sequestration transactions?
Despite the wordy question, this matters.
Banks are giving former customers PPI compensation. Awards will be made to Post Office employees and to people infected with contaminated blood products. Victims of sexual violence may successfully sue their attackers. Personal injury claims result in pay-outs from insurers. HMRC return over-payments of tax. Recipients of these awards or pay-outs may be sequestrated or be in a protected trust deed.
Can the recipients keep them?
Likewise, debtors sometimes sell or give away their assets before or at the time of their sequestration. Can trustees reverse these transactions?
This hour-long webinar, designed for litigation lawyers, will explore the following:
- the requirements for being sequestrated or entering a protected trust deed
- what is a protected trust deed?
- the significance to the debtor of being sequestrated or in a trust deed
- the role of the trustee
- what assets vest in the trustee
- the distinction between income and assets
- the case law relating to acquirenda, including the outcome of litigation
- the rights of the trustee and debtor to redundancy payments, criminal injuries compensation, the proceeds of critical illness policies and other payments
- what happens if the debtor does not disclose any such payments
- the right of the trustee to reverse antecedent transactions
