Carman v Yates & Ors [2005] EWCA Civ 246 (09 February 2005)

Carman v Yates & Ors [2005] EWCA Civ 246 (09 February 2005)

The judge's approach in attributing a 60% beneficial interest in the property to the trustee, based on Mr Yates' contributions and the need to restore assets to the bankrupt's estate for creditors, was within his discretion and consistent with statutory requirements. The calculation was necessarily imprecise but fair, and there was no real prospect of success in challenging it on appeal.

Citation
[2005] EWCA Civ 246
Parties
Claimant/respondent: Carman (Trustee of the Estate of Bankrupt); First Defendant/applicant: Denis Yates; Second Defendant: Valerie Ann Yates; Third Defendant: Hannah Dempster
Jurisdiction
England and Wales
Judgment Date
09 February 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Judgment of Nottingham County Court
Outcome
Application for permission to appeal refused
Legal Topics
Bankruptcy, Beneficial Interest, Setting Aside Transactions, Fraudulent Conveyance, Discretionary Relief, Costs
Insolvency Property Law Bankruptcy Beneficial Interest Setting Aside Transactions Fraudulent Conveyance Discretionary Relief Costs

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Parties

Carman (Trustee of the Estate of Bankrupt)

Claimant/respondent

Denis Yates

First Defendant/applicant

Valerie Ann Yates

Second Defendant

Hannah Dempster

Third Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Judgment of Nottingham County Court

Legal Issues

  1. 1 Whether the judge erred in attributing a 60% beneficial interest in the property to the trustee in bankruptcy
  2. 2 Whether the judge's calculation of the share attributable to Mr Yates was correct
  3. 3 Whether the transactions should be set aside under the Insolvency Act 1986

Ratio Decidendi

The judge's approach in attributing a 60% beneficial interest in the property to the trustee, based on Mr Yates' contributions and the need to restore assets to the bankrupt's estate for creditors, was within his discretion and consistent with statutory requirements. The calculation was necessarily imprecise but fair, and there was no real prospect of success in challenging it on appeal.

Court Disposition

Application for permission to appeal refused

Orders

  • Application for permission to appeal refused
  • Application regarding costs refused