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Nicholls v Lan [2006]

This case re-centered the Human Rights discussion of section 335A of the insolvency Act 1986, providing that although exceptional circumstances may bring the section within compliance with the European Convention on Human Rights, the court also carries out a balancing exercise under the section, justifying ‘proportionate’ restrictions on Article 8 where a sale is ordered on the application of a Trustee in Bankruptcy.

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