header-logo header-logo

Cashing out

10 June 2016 / Henry Hood
Issue: 7702 / Categories: Features , Family
printer mail-detail
nlj_7702_hood1

Henry Hood discusses the impact of bankruptcy issues on divorce cases

There have been two recent cases which have shed light on the impact and influence of bankruptcy issues in divorce situations.

The first is Ian Robert (Trustee and Bankruptcy of Mr Elichaoff deceased) v Sarah Jane Ducanson Woodall [2016] EWHC 538 (Ch). This involved consideration of whether a consent order was void under s 284 of the Insolvency Act 1986 (IA 1986) and (more alarmingly) whether applications for financial provision under the Mental Capacity Act 2005 (MCA 2005) vested in, and could be pursued by, the Trustee in Bankruptcy. This judgment was handed down on 15 March 2016. A week later, the second case Mr Mark Sands (as Trustee in Bankruptcy of Mr Tarlochan Singh) v Mr Tarlochan Singh & Others [2016] EWHC 636 (Ch), [2016] All ER (D) 209 (Mar) revisited (along with other matters) the issue of whether a sealed financial order and a consequential deed of trust dealing in the former matrimonial home could be set aside on the basis that it

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Corker Binning—Priya Dave

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

Hill Dickinson—Paul Matthews, Liz Graham & Sarah Pace

Hill Dickinson—Paul Matthews, Liz Graham & Sarah Pace

Leeds office strengthened with triple partner hire

Clarke Willmott—Oksana Howard

Clarke Willmott—Oksana Howard

Corporate lawyer joins as partner in London office

NEWS
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
back-to-top-scroll