*/
Bankruptcy – Trustee in bankruptcy. The second respondent husband was made bankrupt twice. His wife, the first respondent, made an application under s 375 of the Insolvency Act 1986 (the 1986 Act) to set aside the court's order for sale of the matrimonial home (the property) and for a warrant for possession on the property to be vacated. The court: (i) declared that the second charge on the property be paid first from the interest in the property of the trustee, and (ii) set aside the possession order and the warrant for possession but gave the trustee permission to apply at such time as the values of the property and the legal charges were such as to entitle the trustee to a portion of the proceeds of sale of the property. The trustee appealed. The Chancery Division held that had been correct to find that the wife had been entitled to the equity of exoneration. However, in the circumstances, the court would limit the equity of exoneration to sums loaned in respect of the acquisition of the husband's half share plus interest.
Bankruptcy – Trustee in bankruptcy. The second respondent husband was made bankrupt twice. His wife, the first respondent, made an application under s 375 of the Insolvency Act 1986 (the 1986 Act) to set aside the court's order for sale of the matrimonial home (the property) and for a warrant for possession on the property to be vacated. The court: (i) declared that the second charge on the property be paid first from the interest in the property of the trustee, and (ii) set aside the possession order and the warrant for possession but gave the trustee permission to apply at such time as the values of the property and the legal charges were such as to entitle the trustee to a portion of the proceeds of sale of the property. The trustee appealed. The Chancery Division held that had been correct to find that the wife had been entitled to the equity of exoneration. However, in the circumstances, the court would limit the equity of exoneration to sums loaned in respect of the acquisition of the husband's half share plus interest.
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts