Brittain v Haghighat & Anor

Brittain v Haghighat & Anor

The circumstances are exceptional due to the severe disability of Mani and the dependence of his care on his mother, warranting a substantial deferment of the possession order to balance the interests of creditors and the family's needs.

Parties
Applicant: Louise Brittain; First Respondent: Hamid Dehdashti Haghighat; Second Respondent: Nasrin Dehdashti Haghighat
Jurisdiction
England and Wales
Judgment Date
12 January 2009
Procedural Posture
Bankruptcy Application / Judgment on Application for Possession and Sale of Property
Outcome
Order for possession granted to trustee, but deferred for three years or until three months after Mani ceases permanently to reside at the property, whichever is sooner.
Legal Topics
Bankruptcy Trustee's Powers, Matrimonial Home Rights, Exceptional Circumstances, Possession and Sale of Property, Care of Disabled Child
Insolvency Family Law Bankruptcy Trustee's Powers Matrimonial Home Rights Exceptional Circumstances Possession and Sale of Property Care of Disabled Child

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Parties

Louise Brittain

Applicant

Hamid Dehdashti Haghighat

First Respondent

Nasrin Dehdashti Haghighat

Second Respondent

Procedural Posture

Bankruptcy Application / Judgment on Application for Possession and Sale of Property

Legal Issues

  1. 1 Whether circumstances are exceptional under Insolvency Act 1986 sections 336 and 337
  2. 2 Whether order for possession and sale should be granted to trustee
  3. 3 Balancing interests of creditors and needs of family, especially disabled child

Ratio Decidendi

The circumstances are exceptional due to the severe disability of Mani and the dependence of his care on his mother, warranting a substantial deferment of the possession order to balance the interests of creditors and the family's needs.

Court Disposition

Order for possession granted to trustee, but deferred for three years or until three months after Mani ceases permanently to reside at the property, whichever is sooner.

Orders

  • Order for possession of the property to trustee, deferred for three years or until three months after Mani ceases to reside at the property.
  • Further argument to be heard on precise form of order and costs.