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

23 OCT 2012

Official Receiver for Northern Ireland v O'Brien [2012] NICh 12; [2012] BPIR 826

(Northern Ireland Chancery Division, Deeny J, 19 April 2012)

Mr and Mrs O were the joint owners as tenants in common of a property. Mr O was made bankrupt in 1990. In 1992 and 1993 the Official Receiver wrote to Mrs O offering to sell his half interest but there was no response. On 15 February 2002, the Official Receiver issued an application seeking possession and sale in lieu of partition. A preliminary issue was ordered as to whether a delay of almost 12 years from adjudication of Mr O as bankrupt to the commencement of the proceedings was and of itself a defence to the applicant's claim. The court held that whilst it was open to a judge who found that a party had not acted within a reasonable time to set aside a limitation period by reason of the Human Rights Act 1998, that would be inappropriate in these circumstances as it would create uncertainty. So the answer to the preliminary issue was that a delay of 12 years from adjudication to commencement of proceedings was not of itself a complete defence.

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