Source: All England Reporter
Publisher Citation: [2009] All ER (D) 31 (Jan)
Court: Chancery Division
Judge:

George Bompas QC sitting as a deputy judge of the High Court
Representation Raquel Agnello (instructed by Beachcroft) for the trustee.
  The first respondent appeared in person.
  John Robson (instructed by Gillian Radford & Co) for the second respondent.
Judgment Dates: 12 January 2009

Catchwords

Insolvency - Bankrupt's estate - Vesting in trustee - First respondent being adjudged bankrupt - Second respondent wife caring for disabled child in matrimonial home - Trustee in bankruptcy applying for possession of matrimonial home - Whether circumstances exceptional - Whether possession order should be granted - , - .

The Case

Insolvency Bankrupt's estate. Chancery Division: An application by the first respondent's trustee in bankruptcy under of the Family Law Act 1996, as applied by and of the Insolvency Act 1986, that the first respondent and his wife, the second respondent, give possession of the only asset in the first respondent's bankruptcy, namely a property in which he had lived with the second respondent and their three children, the eldest of which, M, was seriously disabled, was allowed.

Practice Areas

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