Evans & Anor v Finance-U-Ltd [2012] EWCA Civ 1889 (25 October 2012)
The applicant has a real prospect of success in arguing that its rights under the bill of sale are not extinguished by the bankruptcy of one or both joint debtors, and that it may enforce its security notwithstanding proof in bankruptcy.
- Citation
- [2012] EWCA Civ 1889
- Parties
- Respondents: Evans & Anr; Appellant: Finance-U-Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 25 October 2012
- Procedural Posture
- Civil Appeal / Renewed Application for Permission to Appeal
- Outcome
- Permission to appeal granted
- Legal Topics
- Bankruptcy Effect on Secured Loans, Joint Debtors Liability, Enforcement of Security Post Bankruptcy
Case Brief
Summary, issues, holding and outcome
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Parties
Evans & Anr
Respondents
Finance-U-Limited
Appellant
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Legal Issues
- 1 Whether a finance company loses its rights under a bill of sale upon the bankruptcy of one or both joint debtors
- 2 Whether contractual rights under a joint loan agreement or bill of sale are extinguished by bankruptcy
- 3 Whether the finance company can repossess the vehicle after proving in bankruptcy
Ratio Decidendi
The applicant has a real prospect of success in arguing that its rights under the bill of sale are not extinguished by the bankruptcy of one or both joint debtors, and that it may enforce its security notwithstanding proof in bankruptcy.
Court Disposition
Permission to appeal granted
Orders
- Permission to appeal granted
- Applicant undertakes not to seek an order for costs in the event of success on appeal
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