In re Palmer, decd (A Debtor)

Subject Matter

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, ss 278, 283(1), 306 — Administration of Insolvent Estates of Deceased Persons Order 1986, art 3(1), Sch 1, Part II, paras 10, 12

[1994] Ch 316; [1993] 3 WLR 877; [1994] 3 WLR 420

PRACTICE — Judicial act — When taking effect — Rule that judicial act takes effect from first moment of day made — Whether appropriate when true facts known — Whether admissible to give secondary legislation effect ultra vires primary legislation — Insolvency Act 1986, ss 278, 283(1), 306 — Administration of Insolvent Estates of Deceased Persons Order 1986, art 3(1), Sch 1, Part II, paras 10, 12

[1994] Ch 316; [1994] 3 WLR 420

Appellate History