LexisLibrary and LexisPSL
Sign up for a free trial today and get full access for a weekTrial
P and G were co-owners of a leasehold property. A bankruptcy order was made against G, and his trustee in bankruptcy negotiated for the sale of G's interest in the property to P. A second bankruptcy order was made against G and M was appointed as his trustee in bankruptcy. M asserted that G might still have had an interest in the property pursuant to the previous dealings with the first trustee, and so registered a restriction against it. The adjudicator cancelled the restriction, on the basis that, construing the previous transaction, G had no such interest that could be protected. Mann J dismissed M's appeal. Construing the correspondence, neither G nor the first trustee had retained any interest as a constructive trust of the beneficial interest had been created in P's favour.
"BPIR is an excellent series, of interest to both corporate and personal insolvency lawyers,...