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09 August 2007
Issue: 7285 / Categories: Features , Divorce , Family
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finance on family breakdown

PROPERTY ADJUSTMENT ORDERS AND INSOLVENCY

What happens where a jointly owned former matrimonial home is ordered to be transferred by an insolvent husband to his wife? On the facts in Hill and another v Haines [2007] EWHC 1012 (Ch), [2007] All ER (D) 72 (May) Judge Pelling—sitting as a High Court judge—held that where H is hopelessly insolvent then the transfer will be at an undervalue. It can be set aside so that H’s share will vest in the trustees. This is because, in this case, by taking a transfer of H’s share in the property, W gave no consideration at all. The fact that she did so following a contested ancillary relief application and on the basis that all her ancillary relief claims were dismissed makes no difference; or it made no difference here, because her claims were of no real value in the light of H’s insolvency.

In short, the ancillary relief court order did not cure the lack of any true value in the transaction. It was therefore open to the court to set aside the ancillary relief order as a transaction

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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