Barca v Mears [2004] EWHC 2170

Written By Nicolas Heyes

Court: High Court

Basic Facts : In a bankruptcy case, Barca's home was at risk of being sold to pay creditors, raising questions about human rights protections.

Issue: When does Article 8 of the Human Rights Act apply in bankruptcy cases?

Held: The court considered the compatibility of property laws with the Human Rights Act, particularly in cases of bankruptcy, but concluded that the interests of creditors could override the family home.

  • (Judge Strauss QC):

    • Exceptional Circumstances: The strict approach from Re Citro may infringe on human rights, and "exceptional circumstances" could include severe effects of bankruptcy.

Nicolas Heyes
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