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​Cashing out a second time

03 February 2017 / Henry Hood
Issue: 7732 / Categories: Features , Family
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Henry Hood discusses further developments in the interaction between bankruptcy & divorce cases

  • A claim under the Matrimonial Causes Act 1973 could never be property capable of vesting in a trustee in bankruptcy.

This article follows one which I wrote concerning the matter of Ian Robert (Trustee and Bankruptcy of Mr. Elichaoff deceased) v Sarah Jane Duncanson Woodall [2016] EWHC 538 (Ch), [2016] All ER (D) 233 (Mar) which was concerned with the interaction of the laws relating to bankruptcy and divorce (see “Cashing out”, NLJ, 10 June 2016, p 7).

As I then described, some of the applications made by the trustee in bankruptcy were positively surreal. This applied in particular to the trustee’s application that he should be allowed to pursue lump sum and property adjustment orders under ss 23 & 24 of the Matrimonial Causes Act 1973 (MCA 1973) against the bankrupt’s former wife. In reporting the dismissal of such an application (which is ludicrous at first blush, and does not improve on further consideration), I little

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

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Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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