- Can a trustee in bankruptcy pursue a deceased bankrupt’s spousal claims? (Robert v Woodall)
- Original news
- What was the background to the renewed application for permission to appeal?
- What were the issues before the deputy judge?
- What did the deputy judge decide on the oral renewal, and why?
- To what extent is the judgment helpful in clarifying the law in this area?
- What practical lessons can be learned from this litigation?
Restructuring & Insolvency analysis: Robert v Woodall concerned the dismissal of an oral renewal by a trustee in bankruptcy (trustee) appealing the strike out of his claim under sections 23 and 24 of the Matrimonial Causes Act 1973 (MCA 1973). Caroline Hely Hutchinson, direct access family lawyer with litigation authorisation who represented the respondent wife in a family application brought in the bankruptcy court, examines the implications of the recent decision in Robert v Woodall.
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