The trustee in the husband’s bankrupty, by virtue of his statutory position, was subject to the same special restriction as would prevent the husband himself from evicting his wife.
The deserted wife had a personal licence to occupy the former matrimonial home that was valid as against the trustee in bankruptcy of her husband. Every subordinate interest perishes with the superior interest upon which it is dependent.
Denning LJ (dissenting) said that the wife had an equity which was binding on the trustee.
Judges:
Denning LJ, Somervell and Romer LLJ
Citations:
[1952] 2 QB 466
Jurisdiction:
England and Wales
Cited by:
Cited – Secretary of State for Work and Pensions v Payne and Another SC 14-Dec-2011
The appellant sought to recover overpayments of benefits and Social Fund Loans, after the respondent had had a Debt relief order.
Held: The Secretary of State’s appeal failed. The ‘net entitlement principle’ argued for did not exist. The . .
Lists of cited by and citing cases may be incomplete.
Family, Land
Updated: 04 May 2022; Ref: scu.467180
