Blemain Finance Ltd v Goulding

Blemain Finance Ltd v Goulding

The applicant was not occupying the property as his sole or principal residence at the relevant time, and Blemain acquired a good title as chargee for valuable consideration, in good faith, and without notice of the bankruptcy. The applicant had no interest in the property as against Blemain, and his application had no real prospect of success.

Parties
Claimant/respondent: Blemain Finance Limited; Second Defendant/appellant/applicant: Ian Keith Goulding
Jurisdiction
England and Wales
Judgment Date
17 December 2013
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Bankruptcy, Registered Land, Possession Proceedings, Trustee in Bankruptcy, Legal Charges
Insolvency Law Land Law Bankruptcy Registered Land Possession Proceedings Trustee in Bankruptcy Legal Charges

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Parties

Blemain Finance Limited

Claimant/respondent

Ian Keith Goulding

Second Defendant/appellant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the applicant's disposition of property was avoided by section 284 of the Insolvency Act 1986
  2. 2 Whether the applicant had a right to occupy the property as his sole or principal residence under section 283A of the Insolvency Act 1986
  3. 3 Whether Blemain's title as chargee was valid under the Land Registration Act 2002

Ratio Decidendi

The applicant was not occupying the property as his sole or principal residence at the relevant time, and Blemain acquired a good title as chargee for valuable consideration, in good faith, and without notice of the bankruptcy. The applicant had no interest in the property as against Blemain, and his application had no real prospect of success.

Court Disposition

Permission to appeal refused