Family Law Hub

Insolvency

Latest updates

  • Appeal concerning correct route for alteration of substantive capital adjustment orders. Judgment, 26/03/2018, free
  • Appeal by the trustee in bankruptcy against an order that the sale of the matrimonial home be delayed until the death or earlier permanent vacation of the property by the husband. The appeal was allowed and order for sale was made for 12 months time with permission for the husband to apply for a further postponement. Judgment, 18/10/2017, free
  • Appeal by trustee in bankruptcy against findings that the wife of a bankrupt husband should not be held liable under the doctrine of equity of exoneration. Appeal dismissed. Judgment, 13/04/2017, free
  • Appeal against an order which: (1) gave the wife an equitable interest in two properties and that this interest was not affected by the husband's bankruptcy and was not waived or otherwise lost during the bankruptcy; (2) the wife's interest remains enforceable against the husband and the Second Appellant; (3) alternatively, that a Declaration of Trust by which the husband and the Second Appellant declared, among other things, that the husband held the properties for the benefit of the Second Appellant alone, should be set aside under section 37 of the MCA 1973. The appeal was dismissed. Judgment, 16/03/2017, free
  • Trustee in bankruptcy was seeking to renew his application for permission to appeal against an order striking out his claim for a lump sum or a property adjustment order under ss.23 and 24 of the Matrimonial Causes Act 1973. Cross-appeal to set aside an order in so far as it gave the Trustee permission to appeal against the decision striking out his claim that the payments were transactions at an undervalue pursuant to s.339 of the Insolvency Act 1986. Judgment, 28/11/2016, free

Latest know-how

  • In a tweet: Capital award attaching to sale of property order cannot be varied or discharged by a court of first instance Case note, 11/04/2018, members only
  • Standard family order as approved by the President 30 November 2017 Order, 19/01/2018, members only
  • In a tweet: s.24A order for sale creates an equitable interest Case note, 12/06/2017, members only
  • In a tweet: Unsuccessful appeal by a TiB against findings that W of bankrupt H should not be held liable under "equity of exoneration". Indirect benefit to co-owner does not prevent equity of exoneration arising in their favour Case note, 11/05/2017, members only
  • Republished from the Dictionary of Financial Remedies 2017. You can read more about the book and order a print copy at www.classlegal.com/dfr Practice note, 05/05/2017, members only

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