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(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.
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