LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
(Chancery Division, Roth J, 3 November 2011)
The local authority effected repair works to a property owned by the bankrupt, C. The costs of the work took effect as a local land charge, which took priority to a mortgage to P. C's trustee in bankruptcy disclaimed the property. The local authority applied for a vesting order free of P's mortgage. The deputy district judge dismissed the application, holding that whilst it was entitled to a vesting order, it could not be free of P's rights. Roth J dismissed the local authority's appeal, though indicated that, although not sought, he would be prepared to make a vesting order in favour of the local authority without discharging P's interest.
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...