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.


Filed Under: CRI

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