B v IB [2013] EWHC 3755 (Fam) (29 November 2013)

B v IB [2013] EWHC 3755 (Fam) (29 November 2013)

Section 423 Insolvency Act 1986 provides an additional, freestanding remedy that is not confined to insolvency or precluded by the existence of s10 Inheritance (Provision for Family and Dependants) Act 1975. The court has jurisdiction to entertain the s423 application, which may proceed pending the making of a...

Source-derived case information.

Citation
[2013] EWHC 3755 (Fam)
Parties
Applicant: B; Respondent: IB
Jurisdiction
England and Wales
Judgment Date
29 November 2013
Procedural Posture
Family/inheritance Dispute / Interlocutory Judgment on Application to Dismiss S423 Insolvency Act 1986 Claim and Costs
Outcome
Application to dismiss s423 IA 1986 claim refused; costs adjourned.
Legal Topics
Transactions at Undervalue, Anti Avoidance Remedies, Jurisdiction Under Insolvency Act 1986 S423, Inheritance (provision for Family and Dependants) Act 1975 S10, Limitation Periods, Costs in Family Proceedings
Family Law Insolvency Law Inheritance Law Transactions at Undervalue Anti Avoidance Remedies Jurisdiction Under Insolvency Act 1986 S423 Inheritance (provision for Family and Dependants) Act 1975 S10 Limitation Periods +1 more

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Parties

B

Applicant

IB

Respondent

Procedural Posture

Family/inheritance Dispute / Interlocutory Judgment on Application to Dismiss S423 Insolvency Act 1986 Claim and Costs

Legal Issues

  1. 1 Whether s423 Insolvency Act 1986 provides a freestanding remedy in the context of inheritance/family provision claims
  2. 2 Whether the existence of s10 Inheritance (Provision for Family and Dependants) Act 1975 precludes reliance on s423 IA 1986
  3. 3 Whether s423 IA 1986 applies outside insolvency and after death

Ratio Decidendi

Section 423 Insolvency Act 1986 provides an additional, freestanding remedy that is not confined to insolvency or precluded by the existence of s10 Inheritance (Provision for Family and Dependants) Act 1975. The court has jurisdiction to entertain the s423 application, which may proceed pending the making of a substantive inheritance claim. The application is not time-barred, and there is no basis for dismissing it as without merit at this stage.

Court Disposition

Application to dismiss s423 IA 1986 claim refused; costs adjourned.

Orders

  • W's s423 IA 1986 application is permitted to proceed; not dismissed.
  • Costs of the inconclusive trial are adjourned for determination with any future proceedings.