Bank of Ireland v Bell [2001] 2 F.L.R. 809

Court: Court of Appeal

Basic Facts: A bank sought possession of a matrimonial home after the husband defaulted on the mortgage, while the wife, who had a beneficial interest, opposed the sale.

Issue: How does the court balance the interests of creditors and beneficiaries in trusts of land?

Held: The court ruled in favor of the mortgagee’s right to possession despite the presence of minor children in the property, emphasizing that the lender’s interest outweighed the family’s right to remain in the home.

• (Gibson LJ):

• S.15 TLATA 1996: The purpose of the trust (like a matrimonial home) may be irrelevant if the purpose has ended. The creditor’s right to recompense is a powerful consideration.