Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
Check out our straightforward definitions of common legal terms.
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Access our unrivalled global news content, business information and analytics solutions
Insurance, risk and compliance intelligence using big data, proprietary linking and advanced analytics.
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
What was the significance of the court’s decision in Sands v Singh? Joseph Curl, barrister at 9 Stone Buildings considers the extent to which the judgment clarifies the law regarding the filing and service of applications under the Insolvency Act 1986 (IA 1986) and evaluates what practical lessons can be taken away.
Sands and another v Singh and others  EWHC 2219 (Ch),  All ER (D) 304 (Jun)
The Chancery Division ruled that the claimant trustees in the bankruptcy of the first defendant had ‘applied’ for orders of possession and sale, within the meaning of IA 1986, s 283A(3), within the three-year time period after which, failing such application being made, the property would have re-vested in the bankrupt. The trustees’ attempt to issue the proceedings by delivering the application notice and tendering the relevant fee to the county court had been sufficient to engage IA 1986, s 283A(3), notwithstanding that the court had not issued the proceedings until a later date. IA 1986, s 283A(3) was not dependent upon the court doing anything, but merely required that ‘the trustee applies’.
A bankrupt’s trustees in bankruptcy made an application for possession and sale of a property formerly belonging to the bankrupt. This gave rise to a statutory complication to do with IA 1986, s 283A. When a bankruptcy estate contains a property that was, at the date of the bankruptcy, the home of the bankrupt, or the bankrupt’s spouse or civil partner, or the bankrupt’s former spouse or civil partner, then the special provisions of IA 1986, s 283A come into play.
IA 1986, s 283A is colloquially known as the ‘use it or lose it’ provision. IA 1986, s 283A(2) provides that at the end of the period of three years beginning with the date of the bankruptcy, such a home will
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
Stephen qualified as a solicitor in 2005 and joined the Restructuring and Insolvency team at Lexis®PSL in September 2014 from Shoosmiths LLP, where he was a senior associate in the restructuring and insolvency team.
Primarily focused on contentious and advisory corporate and personal insolvency work, Stephen’s experience includes acting for office-holders on a wide range of issues, including appointments, investigations and the recovery and realisation of assets (including antecedent transaction claims), and for creditors in respect of the impact on them of the insolvency of debtors and counterparties.
0330 161 1234