Personal Case Law Flashcards

1
Q

T assigned beneficial interest to creditor for £1 + future sale to avoid s283a. Court ruled against T because whole point is to ensure debtor’s property dealt with. Cannot have contingent interest.

A

Re. Metropolitan Realisations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Unmarried couple, 2 kids. Husband left for 10 years and did not contribute to household. The Court took into account the husbands conduct and what was deemed fair.

A

Jones vs Kernott

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Equitable Exoneration - 3 types of payment. Mortgage instalments (not exonerated); B’s business debts and B’s general debts (exonerated)

A

Re. Pittortou

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Unlikely to annul BO unless stat interest paid. (Unless 3rd party funds are introduced)

A

Re. Harper

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

B’s wife was schizophrenic. This was deemed exceptional and order for sale and possession could arguably be delayed. BUT she owned a property with siblings she could move into, so judge did a balancing exercise and determined that there was no need for delaying the Order.

A

Nicholls vs Lan

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Eldest Son had quad CP + learning disabilities + epilepsy. Judge made Order to delay for 3 years or 3 months after son ceased to reside in the property.

A

Re. HagHigHat

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Elderly relative lived in the property for over 40 years. Order was postponed until they died.

A

Re. Mott

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

B’s wife had terminal cancer. Application was refused due to the stress and loss of security from an eviction would affect chances of recovery.

A

Judd vs Brown

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

B suffered with ill-health and wife was his carer. Judge did not consider needs of B but did consider wife’s need to care for her husband.

A

Re. Bremner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

B’s partner was alcoholic, unstable and left for periods of time. Two daughters were looked after by B, school, family members and neighbours. Creditors were large and cash rich. Judge deemed that on balance the needs of the children outweighed those of the creditors and therefore did not grant possession.

A

Martin-Sklan vs White

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Debtor claimed financial hardship and child with educational problems. The financial hardship was ignored but the educuational problems were treated as exceptional. The order was postponed until the child reached 16.

A

Re. Citro

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Home adapted for disabled child is deemed exceptional circumstances.

A

Jones vs Ravel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Husband had auto immune disease and evidence suggested that the Council would not re-home nor would husband survive the move. Ultimately possession Order was postponed for 12 months but further postponement could be applied for.

A

Re. Constable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

A transfer ordered in matrimonial proceedings between petition and BO is void under S284.

A

Treharne and Sands vs Forrester

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

If matrimonial order (e.g. decree absolute) made pre-petition then this is binding on T and property transfer will be allowed.

A

Mountney vs Treharne

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Could you use divorce proceedings to move assets out of the reach of creditors? Is it a TUV? Court says no but possible if divorce is a sham.

A

Hill vs Haines

17
Q

Varying an IVA proposal may require up to 100% creditor approval.

A

Raja vs Rubin

18
Q

Nominee should consider:

Is the proposal fit to be considered by creditors?

Is it fair & feasible?

An acceptable alternative to Bankruptcy?

A

Greystoke vs Hamilton-Smith

19
Q

In the absence of an express trust an implied trust can be assumed in respect of IVA funds.

A

Re. N T Gallagher

20
Q

Always start with 50:50 split on ownership

A

Stack vs Dowden

21
Q

It’s imperative Spouse knows what they are signing - no undue influence

A

Barclays Bank vs o’Brien

22
Q

Ord vs Upton

A

Established the notion of a hybrid claim I.e. claim for damage to the person and claim for damage to assets inc. loss of earnings

23
Q

Norton vs Henry

A

Cannot force debtor to draw down on pension scheme

24
Q

Celtic extraction & Bluestone Chemicals vs Environmental Agency

A

A waste management licence is property capable of being disclaimed