Tag Archive for 'order for sale'

How did this happen?

By J on 05/02/2010. 0 Comments

…. or something to that effect, is what I imagine HHJ Purle QC said when he got the papers in Pick (Trustee in bankruptcy of Sharon Sumpter) v Sharon Sumpter & George Sumpter, Chancery Division, 3.2.10 – Lawtel note only

The claimant, as trustee in bankruptcy of the respondents sought an order for possession and sale of what I presume was the family home. At trial, the judge granted a possession order and an order for sale. The order was, however, suspended on terms that the respondents pay the bankruptcy debt and costs, which the trial judge fixed at just over £25,000.

The trustee applied for a review of … Read the full post

Posted in FLW case note and Possession. Tags: bankrupt, order for sale, Possession.

Constructive trust and misrepresentation

By NL on 28/04/2009. 0 Comments

Qayyum v Hameed & Anor [2009] EWCA Civ 352 is a case with a complicated background – it originated in the collapse of BCCI, for heaven’s sake – but thankfully, the issues in this appeal were relatively straightforward, if novel.

In 1991 Mr & Mrs Qayyum jointly purchased a house. In July 1991, Mr Q declared in a deed that he held his interest on trust for Mrs Q absolutely and covenanted to execute a transfer if called upon to do so. The deed was not stamped, but apparently on the undertaking of Mrs Q’s solicitors to do so, this was not an issue.

In 2003, in litigation against Mr … Read the full post