Skeete v Pick & Anor

Skeete v Pick & Anor

The appeal was dismissed because the appellant, having no proprietary interest after bankruptcy, had no locus to challenge the declaration of beneficial interests, and the remortgage proposal was not practicable given the sums involved. The declaration as to beneficial interests was made on the basis of the trust deed, and any dispute as to the second respondent's interest could be addressed by a separate application under section 303 or 375 of the Insolvency Act 1986.

Parties
Claimant/appellant: Skeete; First Defendant/respondent (trustee in Bankruptcy): Pick; Second Defendant/respondent (former Cohabitee): Mighton (formerly Alleyne)
Jurisdiction
England and Wales
Judgment Date
11 May 2007
Procedural Posture
Bankruptcy Appeal / Appeal From District Judge's Order
Outcome
Appeal dismissed
Legal Topics
Beneficial Ownership, Trust Deeds, Bankruptcy Trustee Powers, Possession and Sale of Property, Consent Orders
Bankruptcy Trusts and Equity Property Law Beneficial Ownership Trust Deeds Bankruptcy Trustee Powers Possession and Sale of Property Consent Orders

Case Brief

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Parties

Skeete

Claimant/appellant

Pick

First Defendant/respondent (trustee in Bankruptcy)

Mighton (formerly Alleyne)

Second Defendant/respondent (former Cohabitee)

Procedural Posture

Bankruptcy Appeal / Appeal From District Judge's Order

Legal Issues

  1. 1 Whether the District Judge erred in declaring the beneficial interests in the property as per the trust deed
  2. 2 Whether the order for possession should be set aside in light of a remortgage offer
  3. 3 Whether the appellant had locus to challenge the declaration of beneficial interest

Ratio Decidendi

The appeal was dismissed because the appellant, having no proprietary interest after bankruptcy, had no locus to challenge the declaration of beneficial interests, and the remortgage proposal was not practicable given the sums involved. The declaration as to beneficial interests was made on the basis of the trust deed, and any dispute as to the second respondent's interest could be addressed by a separate application under section 303 or 375 of the Insolvency Act 1986.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed;
  • No variation of the District Judge's order;