Source: All England Reporter
Publisher Citation: [2016] All ER (D) 63 (Jul)
Neutral Citation: [2016] EWHC 1697 (Ch)
Court: Chancery Division

Proudman J

Representation Jonathan O'Mahony (instructed under the Direct Access Scheme) for Mrs E.
  Mr E appeared in person
  Jonathan Russen QC and Catherine Addy (instructed by Fieldfisher LLP) for the respondents.
Judgment Dates: 12 July 2016


Bankruptcy - Claim - Trustee in bankruptcy - Application for permission to appeal - Relief from sanctions - Claim for order that assignment of second applicant bankrupt's property to first applicant being sham and that beneficial interest in property to be vested in trustee in bankruptcy - Mother being debarred for failing to comply with various conditions and following dismissal of application for relief from sanctions - Registrar finding purported assignment a sham - Applicants seeking permission to appeal - Whether permission to appeal should be granted - Effect of debarring of first applicant.

The Case

Bankruptcy Claim. The Chancery Division dismissed an application for permission to appeal against a Registrar's decision allowing a claim brought by the first respondent trustee in bankruptcy, alleging that a deed of assignment, purporting to assign the second applicant bankrupt's interest in his property to first applicant, his mother, was a sham or that it should be set aside, pursuant to , and of the Insolvency Act 1986. The court considered the effect the first applicant being debarred from defending the claim after she had failed to comply with various conditions and her application for relief from sanctions had been dismissed.

Practice Areas

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