Sleight v Callin [2021] EWHC 1050 (Ch) (05 May 2021)

Sleight v Callin [2021] EWHC 1050 (Ch) (05 May 2021)

Payments and asset transfers to Mrs Callin were void dispositions under s.284 Insolvency Act 1986; she holds the assets and profits on bare trust for the bankruptcy estate and must restore or compensate for them. No valid trust or nomination excluded the assets from the estate. Relief under s.61 Trustee Act 1925 and...

Source-derived case information.

Citation
[2021] EWHC 1050 (Ch)
Parties
Claimant: James Sleight; Defendant: Amy Callin
Jurisdiction
England and Wales
Judgment Date
05 May 2021
Procedural Posture
Chancery Division Property, Trusts and Probate / Final Judgment After Trial
Outcome
Claim for restitution and compensation allowed; Mrs Callin found liable to restore or compensate for assets and profits received.
Legal Topics
Void Dispositions, Bankruptcy of Deceased Estates, Constructive Trusts, Breach of Fiduciary Duty, Restitution, Relief Under Trustee Act 1925, Limitation, Set Off
Insolvency Trusts and Estates Property Law Void Dispositions Bankruptcy of Deceased Estates Constructive Trusts Breach of Fiduciary Duty Restitution +3 more

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Parties

James Sleight

Claimant

Amy Callin

Defendant

Procedural Posture

Chancery Division Property, Trusts and Probate / Final Judgment After Trial

Legal Issues

  1. 1 Whether payments and asset transfers to Mrs Callin were void dispositions under s.284 Insolvency Act 1986
  2. 2 Whether insurance and pension proceeds were held on trust for Mrs Callin or formed part of the estate
  3. 3 Whether Mrs Callin is liable to restore assets or compensate the bankruptcy estate

Ratio Decidendi

Payments and asset transfers to Mrs Callin were void dispositions under s.284 Insolvency Act 1986; she holds the assets and profits on bare trust for the bankruptcy estate and must restore or compensate for them. No valid trust or nomination excluded the assets from the estate. Relief under s.61 Trustee Act 1925 and other defences failed.

Court Disposition

Claim for restitution and compensation allowed; Mrs Callin found liable to restore or compensate for assets and profits received.

Orders

  • Mrs Callin must pay or restore £43,942.97 (Guardian lump sum) to the Claimant.
  • Mrs Callin must pay or restore £97,481.31 (NPI death benefit) to the Claimant.