Stephen Anthony John Ramsbottom and Others v Victor Reseghie and Another
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE CHADWICK |
| Judgment Date | 31 January 2006 |
| Neutral Citation | [2006] EWCA Civ 117 |
| Court | Court of Appeal (Civil Division) |
| Date | 31 January 2006 |
| Docket Number | A3/2005/2547 |
[2006] EWCA Civ 117
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT
CHANCERY DIVISION BIRMINGHAM DISTRICT REGISTRY
(JUDGE GABRIEL MOSS)
Royal Courts of Justice
Strand
London, WC2
Lord Justice Chadwick
A3/2005/2547
THE FIRST APPELLANT APPEARED IN PERSON
THE RESPONDENTS DID NOT ATTEND AND WERE NOT REPRESENTED
Tuesday, 31st January 2006
This is an application for permission to appeal from an order made on 21st October 2005 by Mr Gabriel Moss QC sitting as a Deputy Judge of the High Court in the Chancery Division at Birmingham in proceedings brought against the applicant, Mr Victor O'Keghie, and his wife, Mrs Diane O'Keghie.
The claim in the proceedings is for £81,000—said to be the sum outstanding under a contract of sale to Mr and Mrs O'Keghie of property known as 410 and 412 Chester Road, Castle Bromwich, Birmingham—together with interest on that sum from the date of completion.
The vendors named in the contract, dated 24th April 2002, were Mr Anthony Roy Bradley and Ms Debra Dawn Thickett. The contract price was £285,000. Special condition 16 was in these terms:
"On Completion the Seller will accept from the Buyer the sum of £204,000. The remaining balance of £81,000 will be paid by the Buyer to the Seller as soon as the Buyer's additional funding has been received."
That arrangement is acknowledged in a letter signed by Mr Bradley and Ms Thickett, dated 23rd April 2002 and sent to their solicitors, Garner Canning, in which they accept that the sale is to be completed on receipt of £204,000—being only part of the sale price—and that the balance of £81,000 is to be paid after completion. Paragraph 6 of the letter is in these terms:
"Mr and Mrs O'Keghie have agreed to pay us direct after completion the sale balance of £81,000.00 when their finance is available. However we fully accept your advice that it cannot be legally guaranteed when or if we will ever receive the balance but we will make our own arrangements to obtain separate security from Mr and Mrs O'Keghie for which we do not require any further advice or work to be carried out by Garner Canning & Co."
Unknown to Mr and Mrs O'Keghie, Mr Bradley had been adjudged bankrupt on 14th July 1998. The effect of that bankruptcy order had been to sever the joint beneficial tenancy upon which the property had been held by Mr Bradley and Ms Thickett from the time of purchase; and to vest Mr Bradley's one half share of the proceeds of sale in the Official Receiver as his Trustee in Bankruptcy (see section 293(3) and 306 of the Insolvency Act 1986). But, notwithstanding the bankruptcy, Mr Bradley and Ms Thickett remained on the registered title as the legal owners.
It seems that Mr Bradley remained in possession of the property following formal completion on 24th April 2002, notwithstanding attempts by Mr and Mrs O'Keghie to obtain possession of the property which they had bought.
On 6th August 2002 Mr Bradley was made bankrupt for a second time. On 13th March 2003 Mr Stephen Ramsbottom, an insolvency practitioner, was appointed trustee in bankruptcy to administer the bankrupt's estate under that order. Subsequently, on 15th March 2004, Mr Ramsbottom was appointed trustee in bankruptcy to administer the estate subject to the earlier...
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