Where a bankrupt was joint owner of property abroad but within the European Community, an English court could order the property to be sold and the proceeds paid to the trustee. Such an order could not be made against the land itself, but could be effective against the bankrupt in personam. The bankrupt and his wife could be ordered to sell the property at the best price reasonably obtainable, or to require the conveyance of the property to the trustee.
Citations:
Times 16-Mar-2000
Statutes:
Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters (1968) (Cmnd 7395), Insolvency Act 1986 436
Jurisdiction:
England and Wales
Insolvency, International, Land
Updated: 03 June 2022; Ref: scu.84787