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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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