Mr Adam Baker's Publications
Journal Articles
(2012) Recreational Privileges as Easements: Law and Policy In: Conveyancer and Property Lawyer 2012 (1) pp. 37 - 54
(2010) The Judicial Approach to 'Exceptional Circumstances' in Bankruptcy: The Impact of the Human Rights Act 1998 In: Conveyancer and Property Lawyer 2010 (5) pp. 352 - 368 Swwet & Maxwell
Reflects on the effect of the Human Rights Act 1998 on the "exceptional circumstances" test under the Insolvency Act 1986 ss.335A to 337 by which a court balances the competing claims of a bankrupt's creditors with those seeking to postpone the sale of the bankrupt's family home. Reviews the law governing the sale of a bankrupt's estate, the Chancery Division decision in Barca v Mears which considered the circumstances in which such a sale infringed the 1998 Act, and its application in subsequent case law. Argues that the courts are reluctant to directly address the questions raised in Barca.
Contact Details
- Tel: 0113 343 5015
- Email: a.j.baker@leeds.ac.uk