Significant cases

Gotham v Doodes

This appeal determined that a trustee in bankruptcy was not prevented from enforcing a Charging Order through sale of the bankrupt's home because of the expiry of a limitation period running from the date when the Charging Order had been granted.

The Court of Appeal held that the limitation period under the Limitation Act 1980 only commenced after the trustee had determined to seek and had obtained an order for sale.

This decision was reached by distinguishing an analogous Court of Appeal authority which Lindsay J had felt was binding on him.

The appeal was welcomed by insolvency lawyers as providing trustees with a flexibility in dealing with the matrimonial home which benefitted creditors, the bankrupt and the bankrupt's family.