Brittain v Haghighat & Anor [2009] EWHC 90 (Ch) (12 January 2009)

Brittain v Haghighat & Anor [2009] EWHC 90 (Ch) (12 January 2009)

Exceptional circumstances exist due to Mani's severe disability and his mother's role as sole carer, justifying deferral of possession order for three years or until Mani ceases to reside at the property, to allow for suitable rehousing and continuity of care.

Source-derived case information.

Citation
[2009] EWHC 90 (Ch)
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 for Possession and Sale of Property / Judgment After Contested Hearing
Outcome
Order for possession granted, deferred for three years or until three months after Mani ceases to reside at the property.
Legal Topics
Trustee's Application for Possession, Matrimonial Home Rights, Exceptional Circumstances, Care of Disabled Child, Balancing Creditors' Interests and Family Needs
Insolvency Family Law Property Law Trustee's Application for Possession Matrimonial Home Rights Exceptional Circumstances Care of Disabled Child Balancing Creditors' Interests and Family Needs

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Parties

Louise Brittain

Applicant

Hamid Dehdashti Haghighat

First Respondent

Nasrin Dehdashti Haghighat

Second Respondent

Procedural Posture

Bankruptcy Application for Possession and Sale of Property / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether circumstances are exceptional under Insolvency Act 1986 sections 336 and 337
  2. 2 Whether order for possession should be made and if so, when
  3. 3 Balancing interests of creditors against needs of family, especially disabled child

Ratio Decidendi

Exceptional circumstances exist due to Mani's severe disability and his mother's role as sole carer, justifying deferral of possession order for three years or until Mani ceases to reside at the property, to allow for suitable rehousing and continuity of care.

Court Disposition

Order for possession granted, deferred for three years or until three months after Mani ceases to reside at the property.

Orders

  • Possession of 82 Eamont Court to be given to Trustee after three years or three months after Mani permanently leaves.
  • Further argument to be heard on precise form of order and costs.