Source: All England Reporter
Publisher Citation: [2016] All ER (D) 85 (Dec)
Court: Bankruptcy High Court

Mr Registrar Baister

Representation Joseph Curl (instructed by DLA Piper UK LLP) for the trustees.
  Simon Williams (instructed by direct access) for the respondents.
Judgment Dates: 6 December 2016


Bankruptcy - Bankrupt's estate - Vesting in trustee - Applicants (trustees) being trustees in bankruptcy of second respondent (D) - Trustees applying for declaration that property transferred to first respondent company (Mariner) being held for D and, consequently being vested in trustees as part of bankruptcy estate - Whether application should be granted.

The Case

Bankruptcy Bankrupt's estate. The Bankruptcy Court allowed an application, by the trustees in bankruptcy of the second respondent (D), for a declaration that a property, which had been bought in D's father's name and had been transferred, for no consideration, to the first respondent company, of which D was a director, formed part of the bankruptcy estate and vested in them as the trustees in bankruptcy. Although legal title of the property was in D's father's name, the court held that the evidence pointed to the common intention that the property was to be owned beneficially by D and that, in reality, it was his.

Practice Areas

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