UK: England and Wales: bankruptcy and the concept of property

The ICLR has published a summary for the recent Court of Appeal decision Gwinnutt v George & Anor [2019] EWCA Civ 656: see here. While concerned with a case of personal insolvency, the decision contains wide-ranging discussion of the concept of property and for this reason it is likely to be of wider significance. To quote directly from the ICLR headnote:

A barrister’s fees, even when non-contractual, were “property” for the purposes of the 1986 Act and so vested in a trustee in bankruptcy. “Property” was explained in the widest of terms in section 436, but even that “definition” was inclusive rather than comprehensive. Unpaid fees, regardless of whether they were contractual, were capable of realisation. The fact that something could be realised or turned to account did not invariably make it “property”, but it pointed in that direction and, here, the expectation of payment was not founded on mere hope or morality but reflected the unique nature of non-contractual barristers’ fees. Payment of such a fee was not to be regarded as voluntary".