A remedy for void dispositions? The High Court case of Thomas and Another v D’Eye and others (Re D’Eye) [2016] All ER (D) 66 (May) considered

A remedy for void dispositions? The High Court case of Thomas and Another v D’Eye and others (Re D’Eye) [2016] All ER (D) 66 (May) considered

In this article, Beverley Lambert at Scott-Moncrieff & Associates Limited looks at the case of Thomas and Another v D’Eye and others (Re D’Eye) [2016] All ER (D) 66 (May).  The key points arising from the article are as follows:

  • Section 306 of the Insolvency Act 1986 (IA 1986) provides that the bankrupt’s estate shall vest in his or her trustee in bankruptcy automatically without the need for conveyance or transfer
  • In between the presentation of a bankruptcy petition and the making of a bankruptcy order, any disposition is deemed to be automatically void pursuant to s 284 of the IA 1986
  • Dispositions of property can include payment by cash or by cheque
  • If a person receives property in good faith for due consideration, or without notice of the bankruptcy petition, the disposition may not be declared void

Click here to read the full article.

 

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About the author:

Neeta started her legal career at Allen & Overy in 2008 in the midst of the global financial crisis and the collapse of Lehmans where she gained most of her paralegal experience.

Neeta also did a short stint in litigation at the Revenue and Customs Prosecutions Office in 2006. Neeta graduated with a 2:1 honours degree from University of London, Queen Mary College and went on to obtain a distinction from the College of Law in the Legal Practice. She has been working at Lexis Nexis since April 2013.