Skeete v Pick & Anor [2007] EWHC 2211 (Ch) (11 May 2007)

Skeete v Pick & Anor [2007] EWHC 2211 (Ch) (11 May 2007)

The appeal was dismissed because the appellant, having been adjudicated bankrupt, had no locus to challenge the declaration of beneficial interests, which concerned only the trustee and the co-owner. The trustee's application for a declaration was based on legal advice, albeit possibly erroneous, but the appellant was not entitled to appeal that aspect. The remortgage proposal was not practicable on the figures presented, and the possession order was properly made.

Citation
[2007] EWHC 2211 (Ch)
Parties
Claimant/appellant: Mr Skeete; First Defendant/respondent (trustee in Bankruptcy): Mr Pick; Second Defendant/respondent (former Cohabitee): Mrs Mighton (formerly Miss Alleyne)
Jurisdiction
England and Wales
Judgment Date
11 May 2007
Procedural Posture
Bankruptcy Appeal / Appeal From Order of Deputy District Judge in Luton County Court
Outcome
Appeal dismissed
Legal Topics
Bankruptcy—solvent Estate, Beneficial Ownership of Property, Declaration of Trust, Trustee's Duties, Possession and Sale of Property, Appeal Procedure
Insolvency Property Law Trusts Bankruptcy—solvent Estate Beneficial Ownership of Property Declaration of Trust Trustee's Duties Possession and Sale of Property +1 more

Case Brief

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Parties

Mr Skeete

Claimant/appellant

Mr Pick

First Defendant/respondent (trustee in Bankruptcy)

Mrs Mighton (formerly Miss Alleyne)

Second Defendant/respondent (former Cohabitee)

Procedural Posture

Bankruptcy Appeal / Appeal From Order of Deputy District Judge in Luton County Court

Legal Issues

  1. 1 Whether the declaration of beneficial interests in the property was correct in light of alleged buy-out of co-owner's interest
  2. 2 Whether the order for possession and sale should stand given the appellant's remortgage proposal
  3. 3 Whether the trustee in bankruptcy acted properly in seeking the declaration based on legal advice

Ratio Decidendi

The appeal was dismissed because the appellant, having been adjudicated bankrupt, had no locus to challenge the declaration of beneficial interests, which concerned only the trustee and the co-owner. The trustee's application for a declaration was based on legal advice, albeit possibly erroneous, but the appellant was not entitled to appeal that aspect. The remortgage proposal was not practicable on the figures presented, and the possession order was properly made.

Court Disposition

Appeal dismissed

Orders

  • Order of Deputy District Judge Simpson affirmed
  • Possession and sale of property to proceed as ordered