Personal Case Law Flashcards
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.
Re. Metropolitan Realisations
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.
Jones vs Kernott
Equitable Exoneration - 3 types of payment. Mortgage instalments (not exonerated); B’s business debts and B’s general debts (exonerated)
Re. Pittortou
Unlikely to annul BO unless stat interest paid. (Unless 3rd party funds are introduced)
Re. Harper
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.
Nicholls vs Lan
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.
Re. HagHigHat
Elderly relative lived in the property for over 40 years. Order was postponed until they died.
Re. Mott
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.
Judd vs Brown
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.
Re. Bremner
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.
Martin-Sklan vs White
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.
Re. Citro
Home adapted for disabled child is deemed exceptional circumstances.
Jones vs Ravel
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.
Re. Constable
A transfer ordered in matrimonial proceedings between petition and BO is void under S284.
Treharne and Sands vs Forrester
If matrimonial order (e.g. decree absolute) made pre-petition then this is binding on T and property transfer will be allowed.
Mountney vs Treharne
