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Abdulla v Whelan

22nd May 2017

Before: John Male KC sitting as a Deputy Judge of the Chancery Division

Citation: [2017] EWHC 605 (Ch)

Samuel Laughton successfully argued that the legal estate in a joint lease was held on trust by a bankrupt and her co-tenant on behalf of themselves. It was therefore “property held on trust for any other person” within the Insolvency Act 1986 s.283(3) and so was excluded from the bankrupt’s estate. This meant that a disclaimer served by the trustee in bankruptcy therefore did not end the legal estate in the lease or the bankrupt’s liability to pay rent.

Read the judgment here.

Samuel Laughton Samuel Laughton Call 1993
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