Source: All England Reporter
Publisher Citation: [2001] All ER (D) 407 (Feb)
Court: Chancery Division

Kevin Garnett QC sitting as a deputy judge of the High Court

Representation Josephine Hayes (instructed by Alexanders) for the claimant
  Tina Kyriakides (instructed by Ralph Hume Garry) for the respondent
Judgment Dates: 20 February 2001


Insolvency - Bankrupt's estate - Vesting in trustee - Retirement annuity policy effected by bankrupt prior to bankruptcy - Policies prohibiting surrender or assignment - Trustee in bankruptcy claiming to be entitled to payments - Whether trustee so entitled - Whether policy had vested in trustee on his appointment - Whether payments after-acquired property - Whether payments income of bankrupt - , , - European Convention on Human Rights, First Protocol, art 1.

The Case

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