Claughton v Charalambous: 1998

What is required of the court in applying section 335A(3) is, in effect, a value judgment. The court must look at all the circumstances and conclude whether or not they are exceptional. That process, he considered, left ‘very little scope for the interference by an appellate court’. The court here found a reason to suspend an order for possession where an occupier suffered a terminal disease.
Jonathan Parker J
[1998] BPIR 558
Insolvency Act 1986 335A(3)
England and Wales
Cited by:

  • Cited – Donohoe v Ingram ChD 20-Jan-2006
    The appellant had lived with the bankrupt for several years, and sought an order delayng sale of the house they had lived in until their children had grown up. She said the circumstances were exceptional.
    Held: The fact that the delay might . .
    [2006] EWHC 282 (Ch)

These lists may be incomplete.
Updated: 05 December 2020; Ref: scu.238749