The Law Reports (Chancery Division)
[1994] Ch 316
[COURT OF APPEAL]
In re
PALMER, DECD. (A DEBTOR)
1993 Jan. 22,
25,
26,
27;
March 25
1994 Feb. 15, 15, 17;
March 11
March 25
1994 Feb. 15, 15, 17;
March 11
Vinelott J. Balcombe, Evans and Roch L.JJ.
Bankruptcy
— Property passing to trustee
— Joint tenants
— Husband and wife joint tenants of property
— Death of husband
— Insolvency administration order against husband's estate
— Whether effect of order to sever joint tenancy prior to husband's death
— Whether husband's interest passing to wife by survivorship
—
Insolvency Act 1986 (c. 45), ss. 278, 283(1), 306
—
Administration of Insolvent Estates of Deceased Persons Order 1986 (S.I. 1986 No. 1999), art. 3(1), Sch. 1, Part II, paras. 10, 12
Practice
— Judicial act
— When taking effect
— Rule that judicial act takes effect from first moment of day made
— Whether appropriate where true facts known
— Whether admissible to give secondary legislation effect ultra vires primary legislation
—
Insolvency Act 1986 (c. 45), ss. 278, 283(1), 306
—
Administration of Insolvent Estates of Deceased Persons Order 1986, art. 3(1), Sch. 1, Part II, paras. 10, 12