Nicholls v Lan and Another: ChD 26 May 2006

The bankrupt had been discharged from his bankruptcy, but his share in the family home remained vested in the trustee who applied for the sale of the home. His wife applied to set aside an order for sale on the basis that it interfered with her right to family life.
Held: Previous decisions had not considered the effect of Article 8 on applications under s335A. The section allowed a judge to do what he considered just and reasonable in all the circumstances. He had to balance the needs of the creditors and of the applicant. Those interests were different in character and quality. No sufficient error had been shown in the way the district judge had exercised his discretion to allow the setting aside of his order.


Paul Morgan QC


Times 04-Aug-2006


Trusts of Land and Appointment of Trustees Act 1996 14, Insolvency Act 1986 335A(3)


England and Wales


CitedIn re Lowrie 1981
When a judgment creditor applies for an order for sale of a property subject to a Charging Order, the competing equities of the parties will be carefully weighed. . .
CitedRe Citro, Lloyds Bank plc v Byrne and Byrne, Abbey National plc v Moss and others and Barclays Bank plc v Hendricks CA 1991
Trustees in bankruptcy of bankrupt husbands successfully appealed for the removal of provisos delaying the operation of orders for sale made under s30 in respect of each husband’s matrimonial home for the benefit of that husband’s wife who had been . .
Lists of cited by and citing cases may be incomplete.

Insolvency, Family, Human Rights

Updated: 23 June 2022; Ref: scu.244694