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NI: No order for sale of dwelling house 22 years after bankruptcy of husband
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Northern Irish High Court refuses order for sale of co-owned property on application by receiver in bankruptcy, where there had been 22-year delay between bankruptcy and hearing of claim for possession.
Bankruptcy in 1990 - joint tenancy of dwelling house owned by bankrupt and his wife - offer by official receiver in 1992-93 to sell interest in house to wife - application in 2002 for vacant possession - proceedings issued to avoid expiration of 12-year limitation period - whether delay of almost 12 years amounted to defence to claim for possession - respondent divorced from bankrupt - two of five children remaining in house, one suffering from disability - whether exceptional circumstances - whether good reason not to order sale - Human Rights Act 1998 - Partition Act 1868 - Limitation Order (NI) 1989 - reading of legislation in manner compatible with Human Rights Act - Articles 6, 8 and 1 of Convention - effect of delay on proceedings.
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