Jackson v Bell & Anor [2001] EWCA Civ 387 (15 March 2001)

Jackson v Bell & Anor [2001] EWCA Civ 387 (15 March 2001)

Permission to appeal granted as the case raises undecided points of principle regarding the intersection of family law property orders and insolvency law, and the construction of 'exceptional circumstances' under section 335A in light of Article 8 ECHR.

Citation
[2001] EWCA Civ 387
Parties
Claimant: Jackson; Respondent: Bell
Jurisdiction
England and Wales
Judgment Date
15 March 2001
Procedural Posture
Appeal / Permission to Appeal From Chancery Division Order
Outcome
Permission to appeal granted
Legal Topics
Bankruptcy, Property Adjustment Order, Exceptional Circumstances, Article 8 ECHR, Trustee in Bankruptcy, Transaction at Undervalue, Voidable Preference
Insolvency Family Law Human Rights Bankruptcy Property Adjustment Order Exceptional Circumstances Article 8 ECHR Trustee in Bankruptcy +2 more

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Parties

Jackson

Claimant

Bell

Respondent

Procedural Posture

Appeal / Permission to Appeal From Chancery Division Order

Legal Issues

  1. 1 Whether a spouse with a property adjustment order is a creditor under Insolvency Act 1986
  2. 2 Whether transactions effected by Family Division orders constitute transactions at undervalue or voidable preferences
  3. 3 Compatibility and application of section 335A Insolvency Act 1986 with Article 8 ECHR

Ratio Decidendi

Permission to appeal granted as the case raises undecided points of principle regarding the intersection of family law property orders and insolvency law, and the construction of 'exceptional circumstances' under section 335A in light of Article 8 ECHR.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed
  • No order as to costs