Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

21 MAY 2013

(1) Hurst (2) Hurst v (1) Glentree Estates Ltd (2) Abrahamsohn (3) Kramer [2012] EWHC 4024 (Ch); [2013] BPIR 331

(Chancery Division, Arnold J, 27 November 2012)

A trustee in bankruptcy obtained an order for possession and sale of the bankrupt's matrimonial home, in which the bankrupt had a 50% interest. Eventually, the bankrupt's wife bought the interest. The bankrupt brought a claim in fraudulent misrepresentation, essentially alleging that, in the knowledge that the wife would seek to buy the interest, bids were concocted in order to inflate the price paid by her. Arnold J struck out the claims. There was no basis upon which to infer that the bids were concocted fraudulently and the case was inherently improbable. Further it was not alleged that the wife relied upon the representations made as regards the bids and suffered loss as a result. Also, the assignment to the bankrupt of the wife's claim was an assignment of a bare cause of action and amounted to maintenance.

To view the full text, please log in.

To receive a FREE 14 day online trial to Insolvency Law Online click here.

 

Bankruptcy and Personal Insolvency Reports

Bankruptcy and Personal Insolvency Reports

"BPIR is an excellent series, of interest to both corporate and personal insolvency lawyers,...

More Info from £166.00
Available in Insolvency Law Online
Individual Voluntary Arrangements

Individual Voluntary Arrangements

"This is the ultimate statement of where the law on IVAs is to be found in our great common law...

Available in Insolvency Law Online
Subscribe to our newsletters