Husband and wife petitioned for divorce in 2008. In January
2009, a statutory demand was served on the husband and a bankruptcy
petition was presented in March 2009. In June 2009, husband and
wife agreed a consent order whereby the husband was to make
periodical payments to the wife and daughter and to repay around
£1.4m to the wife.
On 7 July 2009, a bankruptcy order was made against the husband
and on 16 July a District Judge approved the consent order without
knowledge of the bankruptcy order. In November 2014 the husband
unfortunately committed suicide.
The Registrar's Decision
The trustee applied for a declaration that the consent order was
void; matrimonial relief against the wife; and an order that
payments totalling £40K to the wife were transactions at an
undervalue (TUV). The Registrar held that the Consent Order was
void, but refused to award the matrimonial relief or grant the TUV
order and ordered the trustee to pay 75% of the wife's
The trustee applied for permission to appeal. A High Court Judge
granted permission to appeal on the TUV point and costs, but not
the matrimonial relief decision. The trustee applied for permission
to appeal the matrimonial relief point at a hearing and the wife
cross-applied to dismiss the permissions given.
The Judge held that the matrimonial relief could only be granted
to the husband whilst he was alive and the trustee could be in no
better position than the husband. The Judge rejected the
trustee's argument that the claim vested in the trustee,
irrespective of the husband's death and therefore refused
permission to appeal. The Judge also dismissed the wife's
Witnesses can, in various circumstances, be subpoenaed by the Courts of overseas jurisdictions to attend to give evidence by way of depositions within that jurisdiction. So why not take that one step further and ask a foreign court to subpoena the witness to give evidence by live satellite video link to a Court in London? This would be the next best thing to having the witness present in Court. Indeed, the Commercial Court is increasingly amenable to evidence being given in this way (albeit on a
Yesterday, in its quarterly consultation paper (CP 10/15), the FSA formally announced its intention to prevent investment firms using title transfer collateral arrangements (TTCAs) with retail clients.
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