Trustees have no greater claims than those of the bankrupt: Robert v Woodall [2016] EWHC 2987 (Ch)

Chloe Wake Trainee Solicitor Vardags

The High Court has stopped fashion victim Trinny Woodall from being pursued beyond the grave by her bankrupt ex-husband. Legal proceedings against Ms Woodall were instigated by her ex-husband’s trustees in bankruptcy in an effort to satisfy outstanding creditors. However the court has ruled that legal action under the Matrimonial Causes Act 1973 falls under a personal jurisdiction which ceases when one spouse dies.

Background 

Ms Sarah Jane Woodall (best known as Trinny  who formed part of BBC fashion duo ‘Trinny and Susannah’) married Jonathan Elichaoff a former rock drummer turned antiques dealer in September 1999. After nine years of marriage Ms Woodall petitioned for divorce on 19 November 2008.

A statutory demand was served on Mr Elichaoff on 31 January 2009 by a creditor and a bankruptcy petition was presented against him on 9 March 2009.

A consent order was agreed between Mr Elichaoff and Ms Woodall on 5 June 2009 where amongst other things it was agreed that Mr Elichaoff repay Ms Woodall £1 412 300 and pay her £24 000 per annum in spousal and child maintenance.

Mr Elichaoff...

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