Brown v Brown & Anor [2007] EWHC 405 (Ch) (01 March 2007)

Brown v Brown & Anor [2007] EWHC 405 (Ch) (01 March 2007)

The notice of severance and receipt constituted a transaction at undervalue under s.339, but the court, exercising its discretion, declined to make any order because justice required it, given the original intention, circumstances of purchase, and Mrs. Malden-Browne's sole contributions.

Citation
[2007] EWHC 405 (Ch)
Parties
Claimant: Surjit K. Singla; Defendant: Rodney Thomas Lambton Brown; Defendant: Amanda Jane Malden-Browne
Jurisdiction
England and Wales
Judgment Date
01 March 2007
Procedural Posture
Bankruptcy Application Under S.339 Insolvency Act 1986 / Judgment After Hearing
Outcome
Application dismissed; no order made under s.339.
Legal Topics
Transaction at Undervalue, Beneficial Interest, Rectification, Discretion Under S.339, Joint Tenancy Vs Tenancy in Common
Insolvency Property Law Trusts Transaction at Undervalue Beneficial Interest Rectification Discretion Under S.339 Joint Tenancy Vs Tenancy in Common

Case Brief

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Parties

Surjit K. Singla

Claimant

Rodney Thomas Lambton Brown

Defendant

Amanda Jane Malden-Browne

Defendant

Procedural Posture

Bankruptcy Application Under S.339 Insolvency Act 1986 / Judgment After Hearing

Legal Issues

  1. 1 Whether the notice of severance and receipt fall within s.339 Insolvency Act 1986 as a transaction at undervalue
  2. 2 Whether the court has discretion to make no order under s.339
  3. 3 Whether there was a common intention that Mr. Brown should only have a nominal interest

Ratio Decidendi

The notice of severance and receipt constituted a transaction at undervalue under s.339, but the court, exercising its discretion, declined to make any order because justice required it, given the original intention, circumstances of purchase, and Mrs. Malden-Browne's sole contributions.

Court Disposition

Application dismissed; no order made under s.339.