Gendrot v Chadwick & Anor

Gendrot v Chadwick & Anor

No valuable consideration was given by Mrs Gendrot for the transfer under the Deed of Trust, making it a transaction at an undervalue under section 339 of the Insolvency Act 1986. The District Judge was correct to set aside the Deed and order the sale of the properties, and there were no exceptional circumstances to justify postponing or staying the sale.

Parties
Appellant: Louise Gendrot; Respondent: Matthew Chadwick; Respondent: Susan Berry
Jurisdiction
England and Wales
Judgment Date
18 January 2018
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Transaction at Undervalue, Bankruptcy, Declaration of Trust, Restorative Orders, Consideration
Insolvency Law Property Law Transaction at Undervalue Bankruptcy Declaration of Trust Restorative Orders Consideration

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Parties

Louise Gendrot

Appellant

Matthew Chadwick

Respondent

Susan Berry

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Deed of Trust was a transaction at an undervalue under section 339 of the Insolvency Act 1986
  2. 2 Whether Mrs Gendrot gave valuable consideration for the transfer
  3. 3 Whether the District Judge should have exercised discretion not to set aside the Deed of Trust

Ratio Decidendi

No valuable consideration was given by Mrs Gendrot for the transfer under the Deed of Trust, making it a transaction at an undervalue under section 339 of the Insolvency Act 1986. The District Judge was correct to set aside the Deed and order the sale of the properties, and there were no exceptional circumstances to justify postponing or staying the sale.

Court Disposition

appeal dismissed

Orders

  • Deed of Trust set aside as a transaction at an undervalue
  • Order for immediate sale of 7 Hill Close and Flat 1 confirmed