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Barca v Mears [2004]

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
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