Enquire Online

Graham Sellers appears for the trustee in bankruptcy in the High Court

29/10/15

GS

The once vibrant Victoria Pier at Colwyn Bay has seen better days and sadly is now extremely close to falling down. However, the destiny of the beleaguered Pier is now rather clearer in the light of yesterday's important decision of the High Court in Hunt v Withinshaw & Conwy County Borough Council [2015] EWHC 3072 (Ch). The former owner of the Pier (Mr Hunt) was adjudged bankrupt in 2008 and following disclaimer of the Pier by his trustee in bankruptcy in 2011, there has been considerable controversy as to actual ownership. Mr Justice Morgan referred to the litigation as having been technical and complex and that to the usual technicalities of the law of bankruptcy there were added further complications as to the operation of the rules of disclaimer, in particular disclaimer of a freehold estate, the creation of a second freehold estate and an application for a vesting order. Yesterday's decision follows the earlier decision of Sir William Blackburne in Hunt v Conwy County Borough Council [2014] 1 WLR 254 and now paves the way for Conwy's plans to actually demolish the Pier.

Graham Sellers, instructed by Katharine Lawrenson of DWF LLP, appeared for the trustee in bankruptcy.

http://www.bbc.co.uk/news/uk-wales-north-west-wales-34645266