Significant cases

Harrington v Bennett

Any application by a trustee in bankruptcy for the sale of a dwelling house which is the home of the bankrupt, the bankrupt's spouse, former spouse, civil partner or former civil partner will be determined by the court taking into account a variety of factors including the conduct of these parties in the bankruptcy and the needs of any children.

Any such application in the period after a year from the trustee's appointment will be determined on the basis that the interests of the bankrupt's creditors outweigh all other considerations, unless the circumstances of the case are exceptional.

This judgment of Lawrence Collins QC is important for insolvency lawyers in this much litigated area.