Wood v Lowe & Ors

Wood v Lowe & Ors

Ownership of items is determined by weighing evidence of provenance, intention, and delivery; presumption of ownership by property owner is weak and does not override better evidence. Many alleged gifts were not perfected by delivery and remain part of bankrupt's estate. Tools of trade exemption applies where bankrupt can plausibly use them for earning power. Joint ownership is recognized where evidence supports it. Items not sufficiently evidenced as belonging to others or not exempt vest in the Trustee.

Parties
Applicant: Christopher Wood; First Respondent: Keith Lowe; Second Respondent: Anne Elizabeth Lowe; Third Respondent: Joanna Mary Lowe
Jurisdiction
England and Wales
Judgment Date
18 September 2015
Procedural Posture
Bankruptcy Application / Judgment
Outcome
Application granted in part; declaration made as to ownership of items per attached schedule; ancillary application for permission to seize goods owned by bankrupt granted for items found to vest in Trustee.
Legal Topics
Bankruptcy Estate, Ownership of Chattels, Tools of the Trade Exemption, Gifts and Delivery, Joint Ownership, Presumption of Ownership
Insolvency Property Law Bankruptcy Estate Ownership of Chattels Tools of the Trade Exemption Gifts and Delivery Joint Ownership Presumption of Ownership

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Parties

Christopher Wood

Applicant

Keith Lowe

First Respondent

Anne Elizabeth Lowe

Second Respondent

Joanna Mary Lowe

Third Respondent

Procedural Posture

Bankruptcy Application / Judgment

Legal Issues

  1. 1 Whether items listed in the inventory form part of the bankrupt's estate
  2. 2 Whether certain items are exempt as tools of the trade or for basic domestic needs
  3. 3 Whether alleged gifts to family members were perfected by delivery

Ratio Decidendi

Ownership of items is determined by weighing evidence of provenance, intention, and delivery; presumption of ownership by property owner is weak and does not override better evidence. Many alleged gifts were not perfected by delivery and remain part of bankrupt's estate. Tools of trade exemption applies where bankrupt can plausibly use them for earning power. Joint ownership is recognized where evidence supports it. Items not sufficiently evidenced as belonging to others or not exempt vest in the Trustee.

Court Disposition

Application granted in part; declaration made as to ownership of items per attached schedule; ancillary application for permission to seize goods owned by bankrupt granted for items found to vest in Trustee.

Orders

  • Declaration as to proprietary interest in items per schedule attached to judgment
  • Permission granted to Trustee to seize goods found to be owned by bankrupt in whole or in part for sale to realise funds for creditors