| Source: | All England Reporter |
| Publisher Citation: | [2007] All ER (D) 170 (Jan) |
| Court: | Chancery Division |
| Judge: | David Richards J |
| Representation | 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. | |
| Judgment Dates: | 24 January 2007 |
Catchwords
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 Case
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.
Practice Areas
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