Haines v Hill & Anor [2007] EWCA Civ 1284 (05 December 2007)

Haines v Hill & Anor [2007] EWCA Civ 1284 (05 December 2007)

The satisfaction or extinguishment of a spouse's ancillary relief claims by a property adjustment order constitutes valuable consideration in money or money's worth for the purposes of s.339(3)(a) and (c) Insolvency Act 1986. The value of the consideration given by the wife was not less than the value of the...

Source-derived case information.

Citation
[2007] EWCA Civ 1284
Parties
Appellant: Wendy Haines; Respondents: Hill & Anr (Trustees in Bankruptcy of David Haines)
Jurisdiction
England and Wales
Judgment Date
05 December 2007
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court, Which Had Reversed County Court Decision
Outcome
Appeal allowed; order of District Judge restored.
Legal Topics
Transactions at an Undervalue, Bankruptcy and Matrimonial Property Orders, Consideration in Ancillary Relief, Interaction of Insolvency and Matrimonial Law
Insolvency Law Family Law Transactions at an Undervalue Bankruptcy and Matrimonial Property Orders Consideration in Ancillary Relief Interaction of Insolvency and Matrimonial Law

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 23 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Wendy Haines

Appellant

Hill & Anr (Trustees in Bankruptcy of David Haines)

Respondents

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court, Which Had Reversed County Court Decision

Legal Issues

  1. 1 Whether a property transfer order made in ancillary relief proceedings constitutes a transaction at an undervalue under s.339 Insolvency Act 1986
  2. 2 Whether the recipient spouse gives consideration in money or money's worth for the purposes of s.339(3)(a) and (c)
  3. 3 Whether the value of the consideration given by the recipient spouse is significantly less than the value of the property transferred

Ratio Decidendi

The satisfaction or extinguishment of a spouse's ancillary relief claims by a property adjustment order constitutes valuable consideration in money or money's worth for the purposes of s.339(3)(a) and (c) Insolvency Act 1986. The value of the consideration given by the wife was not less than the value of the property transferred, so the transaction was not at an undervalue. Therefore, the order transferring the husband's interest in the matrimonial home to the wife was not void against the trustees in bankruptcy.

Court Disposition

Appeal allowed; order of District Judge restored.

Orders

  • Declaration of transaction at an undervalue set aside.
  • Order for transfer of property to wife stands.