Source: All England Reporter
Publisher Citation: [2005] All ER (D) 237 (Nov)
Neutral Citation: [2005] EWHC 2576 (Ch)
Court: Chancery Division
Judge:

Lindsay J

Representation Dan Stacey (instructed by Budd Martin Burrett) for the bankrupt.
  Alexander Learmouth (instructed by BTMK Solicitors) for the trustee.
Judgment Dates: 17 November 2005

Catchwords

Insolvency - Bankruptcy - Bankrupt's estate - Trustee in bankruptcy obtaining a charging order absolute over property belonging to bankrupt - Trustee subsequently applying for sale of property - Whether enforcement of charge barred by reason of limitation - Whether trustee's claim falling outside bar of limitation - , s 20(1).

The Case

The court reversed the master's decision that the trustee in bankruptcy's application for sale of the bankrupt's residential property was statute barred pursuant to s20(1) of the where it was satisfied that the trustee's 'right to receive' what was secured by the charge arose concurrently with the charge.

Practice Areas

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