Source: All England Reporter
Publisher Citation: [2013] All ER (D) 353 (May)
Neutral Citation: [2013] EWHC 1387 (Ch)
Court: Chancery Division
Judge:

HHJ Simon Barker QC (Sitting as a Judge of the High Court)

Representation Glen Willetts (instructed by Harrisons Solicitors LLP) for the claimant.
  Paul Burton (instructed by Brindley Twist Tafft & James LLP) for the defendant.
Judgment Dates: 23 May 2013

Catchwords

Land - Interest in land - Beneficial interests - Claimant issuing proceedings claiming beneficial interest in property and/or seeking repayment of loan - Defendant contending claimant lacking standing due to bankruptcy - Claimant contending interest based on equitable estoppel and constructive trust not vesting in trustee in bankruptcy - Whether claimant having standing to pursue claim - .

The Case

Land Interest in land. The claimant issued proceedings, claiming he had a beneficial interest in a property or was entitled to be repaid a loan. The defendant contended that the claimant had no standing to pursue the claim due to his bankruptcy. The Chancery Division, in dismissing the claim, held that the claimant lacked standing, as the property had come under the control of the official receiver and vested in the claimant's trustee in bankruptcy upon the latter's appointment.

Practice Areas

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