header-logo header-logo

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

Cashing out

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll