Purewal v Countrywide Residential Lettings Ltd & Anor [2015] EWCA Civ 1122 (05 November 2015)

Purewal v Countrywide Residential Lettings Ltd & Anor [2015] EWCA Civ 1122 (05 November 2015)

After bankruptcy, the claimant ceased to have an interest in the property sufficient to found a duty from the receivers; any duty was owed to the trustee-in-bankruptcy. The claimant therefore had no cause of action for breach of duty by the receivers. Even if a duty existed, causation was not established as there was no evidence the insurance proceeds would have been used for repairs.

Citation
[2015] EWCA Civ 1122
Parties
Claimant/appellant: Mr Rajinder Singh Purewal; Defendant/respondent: Countrywide Residential Lettings Limited; Defendant/respondent: Jim Duffy; Defendant/respondent: Keith Spenceley
Jurisdiction
England and Wales
Judgment Date
05 November 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Duties of LPA Receivers, Bankruptcy and Vesting of Property, Equitable Duties to Mortgagor, Application of Insurance Proceeds, Causation in Breach of Duty Claims
Property Law Insolvency Law Equity Duties of LPA Receivers Bankruptcy and Vesting of Property Equitable Duties to Mortgagor Application of Insurance Proceeds Causation in Breach of Duty Claims

Case Brief

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Parties

Mr Rajinder Singh Purewal

Claimant/appellant

Countrywide Residential Lettings Limited

Defendant/respondent

Jim Duffy

Defendant/respondent

Keith Spenceley

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether LPA receivers owe a duty to a bankrupt mortgagor after bankruptcy order
  2. 2 Whether the claimant had a cause of action for breach of duty by receivers post-bankruptcy
  3. 3 Whether causation was established regarding the loss claimed

Ratio Decidendi

After bankruptcy, the claimant ceased to have an interest in the property sufficient to found a duty from the receivers; any duty was owed to the trustee-in-bankruptcy. The claimant therefore had no cause of action for breach of duty by the receivers. Even if a duty existed, causation was not established as there was no evidence the insurance proceeds would have been used for repairs.

Court Disposition

Appeal dismissed