Facts
- A trustee in bankruptcy applied for an order for the sale of a bankrupt’s home under s 335A of the Insolvency Act 1986
Issue
- Was the Re Citro [1991] strict test, as echoed in the s 335A criteria, contrary to Article 8 of the European Convention on Human Rights?
Decision
- No
Reasoning
- The decision to order a sale under s 335A was not an absolute conclusion, and could be altered with exceptional circumstances
