Derbyshire County Council & Anor v Akrill & Ors

Derbyshire County Council & Anor v Akrill & Ors

The judge erred in law by failing to consider the appellant's public law defence to the council's claim for care home fees; this issue must be remitted to the county court for determination. The application of section 423 of the Insolvency Act 1986 to set aside the deed of gift was correct on the facts, and the second claimants' judgment stands. There was no breach of Article 6 ECHR.

Parties
First Claimant/respondent: Derbyshire County Council; Second Claimants/respondents: Mr and Mrs Winlow; Appellant/defendant: Stephen Akrill; Appellant/defendant: Estate of George Akrill
Jurisdiction
England and Wales
Judgment Date
16 February 2005
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal allowed in part; remitted to county court on one ground only
Legal Topics
Section 423 Insolvency Act 1986, National Assistance Act 1948, Financial Assessment for Care Home Fees, Public Law Defences in Civil Proceedings, Article 6 ECHR – Fair Trial
Civil Procedure Insolvency Law Public Law Section 423 Insolvency Act 1986 National Assistance Act 1948 Financial Assessment for Care Home Fees Public Law Defences in Civil Proceedings Article 6 ECHR – Fair Trial

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Parties

Derbyshire County Council

First Claimant/respondent

Mr and Mrs Winlow

Second Claimants/respondents

Stephen Akrill

Appellant/defendant

Estate of George Akrill

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the judge erred in law or fact in finding liability for care home fees against the appellant and his father's estate
  2. 2 Whether section 423 of the Insolvency Act 1986 was properly applied to set aside a deed of gift of property
  3. 3 Whether the appellant was denied a fair trial under Article 6 ECHR

Ratio Decidendi

The judge erred in law by failing to consider the appellant's public law defence to the council's claim for care home fees; this issue must be remitted to the county court for determination. The application of section 423 of the Insolvency Act 1986 to set aside the deed of gift was correct on the facts, and the second claimants' judgment stands. There was no breach of Article 6 ECHR.

Court Disposition

Appeal allowed in part; remitted to county court on one ground only

Orders

  • Appeal allowed to the extent that the public law defence to the first claimant's claim must be reconsidered by the county court
  • Appeal dismissed as to the second claimants' judgment under section 423 Insolvency Act 1986