Pickard & Anor v Constable

Pickard & Anor v Constable

The District Judge erred by relying on speculative and unsupported findings regarding Mr Constable's ability to survive or secure accommodation, failed to properly consider alternatives such as a fixed postponement period, and did not objectively balance the evidence. The circumstances did not justify indefinite postponement; a fixed period with liberty to apply is appropriate.

Parties
Appellants: Martin Pickard & Ann Nilsson as Joint Trustees in Bankruptcy of Pauline Constable; Respondent: Derek Constable
Jurisdiction
England and Wales
Judgment Date
06 October 2017
Procedural Posture
Bankruptcy Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Bankruptcy Trustee Powers, Postponement of Sale, Exceptional Circumstances, Discretionary Orders, Housing Needs of Non Bankrupt Spouse
Insolvency Property Bankruptcy Trustee Powers Postponement of Sale Exceptional Circumstances Discretionary Orders Housing Needs of Non Bankrupt Spouse

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Parties

Martin Pickard & Ann Nilsson as Joint Trustees in Bankruptcy of Pauline Constable

Appellants

Derek Constable

Respondent

Procedural Posture

Bankruptcy Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Judge erred in postponing sale and possession until death or permanent vacation by Mr Constable
  2. 2 Whether exceptional circumstances justify indefinite postponement
  3. 3 Whether the balancing of interests between creditors and Mr Constable was properly conducted

Ratio Decidendi

The District Judge erred by relying on speculative and unsupported findings regarding Mr Constable's ability to survive or secure accommodation, failed to properly consider alternatives such as a fixed postponement period, and did not objectively balance the evidence. The circumstances did not justify indefinite postponement; a fixed period with liberty to apply is appropriate.

Court Disposition

Appeal allowed

Orders

  • Orders for sale and possession postponed until 6 October 2018
  • Liberty for Mr Constable to apply to vary the date for possession and adduce further evidence