Writing in NLJ this week, Stephen Gold, NLJ columnist, examines the fallout from Reid-Roberts v Lin, where trustees in bankruptcy sought possession and sale of a family home. The High Court reviewed when a sale can be postponed, stressing that only ‘exceptional circumstances’ will justify delaying creditors, with an eight-year postponement reduced on appeal to 18 months.
The judgment also explored whether pre-bankruptcy events can be considered when balancing the interests of occupants and creditors. Most intriguingly, it addressed attempts to transfer a beneficial interest through WhatsApp messages and emails.
Although the judge suggested a WhatsApp message could, in principle, satisfy statutory requirements, the messages in question failed because the sender’s chat header was merely an identifier, not a signature authenticating the communication.
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