Tanner v Millar

Tanner v Millar

Fresh evidence failed to meet the Ladd v Marshall criteria; the bankrupt was insolvent at the relevant time; payments were transactions at an undervalue; no legal obligation or constructive trust existed; and there were no grounds for discretionary refusal of repayment order.

Parties
Appellant: Tanner; Respondent: Millar
Jurisdiction
England and Wales
Judgment Date
23 January 2013
Procedural Posture
Renewed Oral Application for Permission to Appeal / Permission to Appeal From Judgment of District Judge Pelly, Cambridge County Court
Outcome
application dismissed
Legal Topics
Transaction at Undervalue, Admission of Fresh Evidence, Bankruptcy, Discretionary Orders
Insolvency Civil Procedure Transaction at Undervalue Admission of Fresh Evidence Bankruptcy Discretionary Orders

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Parties

Tanner

Appellant

Millar

Respondent

Procedural Posture

Renewed Oral Application for Permission to Appeal / Permission to Appeal From Judgment of District Judge Pelly, Cambridge County Court

Legal Issues

  1. 1 Whether fresh evidence should be admitted on appeal
  2. 2 Whether the bankrupt was insolvent at the time of transfer
  3. 3 Whether payments constituted transactions at an undervalue

Ratio Decidendi

Fresh evidence failed to meet the Ladd v Marshall criteria; the bankrupt was insolvent at the relevant time; payments were transactions at an undervalue; no legal obligation or constructive trust existed; and there were no grounds for discretionary refusal of repayment order.

Court Disposition

application dismissed

Orders

  • permission to appeal refused