||All England Reporter
|| All ER (D) 170 (Jan)
David Richards J
||Andrew Smiler (instructed by R C Hall & Co) for the bankrupts.
||Justin Levinson (instructed by Clifton Ingram, Wokingham, and Howes Percival, Norfolk) for the trustees in bankruptcy.
||24 January 2007
Judgment - Order - Consent order - Misrepresentation - Consent order requiring bankrupts to give up vacant possession of property by certain date - Bankrupts refusing to vacate - Trustees in bankruptcy being granted possession - Bankrupts applying to set consent order aside - Whether order obtained by misrepresentation.
The bankrupts' application to set aside a consent order, which provided, inter alia, that they were to give up vacant possession of the matrimonial home had it not been sold by a specified date, would be dismissed. In the instant case there was no factual or legal basis upon which to set aside the order on the ground of misrepresentation.
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