Rulings support trustees in bankruptcy in carrying out their duties –

Posted August 11th, 2023 in appeals, bankruptcy, insolvency, news, Supreme Court, trustees in bankruptcy by tracey

‘A new ruling by the UK Supreme Court, coupled with another recent judgment, will support trustees in bankruptcy in carrying out their duties free from undue interference, an insolvency law expert has said.’

Full Story, 10th August 2023


Research briefing: Bankruptcy: trustee’s right of inquiry – House of Commons Library

Posted November 1st, 2021 in bankruptcy, disclosure, news, parliament, trustees in bankruptcy by tracey

‘This Commons briefing paper provides an outline of the trustee’s right of inquiry into the bankrupt’s property and dealings, including his right to examine third parties.’

Full Story

House of Commons Library , 29th October 2021


Payments from discharged bankrupt ‘should not continue after second bankruptcy’ –

Posted August 9th, 2019 in appeals, bankruptcy, debts, news, trustees in bankruptcy by tracey

‘A man does not have to continue making payments after he was discharged from a first bankruptcy and made bankrupt for a second time, the Court of Appeal in England has ruled.’

Full Story, 8th August 2019


Barrister’s non-contractual fees “vest in trustee in bankruptcy” – Legal Futures

Posted April 15th, 2019 in bankruptcy, barristers, fees, insolvency, news, trustees in bankruptcy by michael

‘A barrister’s non-contractual fees are property for the purposes of insolvency law and vest in his trustee in bankruptcy, the Court of Appeal has ruled.’

Full Story

Legal Futures, 15th April 2019


New Judgment: Dooneen Ltd (t/a McGinness Associates) & Anor v Mond [2018] UKSC 54 – UKSC Blog

Posted November 1st, 2018 in appeals, compensation, debts, insurance, news, Supreme Court, trustees in bankruptcy by sally

‘This appeal considered the construction of the expression ‘final distribution’ in a voluntary trust deed for creditors, and whether this includes a distribution made when the creditors receive less than 100 pence in the pound and there remain (following that distribution) assets vested in the trustee, albeit the trustee is unaware of their existence.’

Full Story

UKSC Blog, 31st October 2018


The end for the Mawer v Bland order? – Hardwicke Chambers

Posted July 5th, 2017 in bankruptcy, news, statutory interpretation, trustees in bankruptcy by sally

‘In an earlier edition of this publication I identified what appeared to be a growing trend for the making of a draconian form of order suspending the discharge of bankruptcies.’

Full Story

Hardwicke Chambers, 26th June 2017


Liability of trustees in bankruptcy: important new Court of Appeal case – 4 New Square

Posted June 9th, 2017 in bankruptcy, fiduciary duty, judgments, news, trustees in bankruptcy by sally

‘The liability of trustees in bankruptcy to bankrupts is a curiously under – developed area of law. There has been a lack of clarity the circumstances in which a trustee can be liable to a bankrupt personally (rather than liable for losses to the bankrupt’s estate). However, this issue came before the Court of Appeal last month (judgment handed down 25 May 2017).’

Full Story

4 New Square, 8th June 2017


Disciplinary round-up: fine for firm which failed to make client’s visa application and then lost his passport – Legal Futures

‘A north London law firm has been rebuked for misleading its client into thinking that it had made a visa application on his behalf.’

Full story

Legal Futures, 13th January 2017


Court of Appeal upholds injunction stopping Dechert from acting for two parties to case – Litigation Futures

‘The Court of Appeal has upheld an injunction that international law firm Dechert has to cease acting for the principal creditor of a Russian businessman because it is also acting for his trustees in bankruptcy and has access to thousands of documents that are covered by legal professional privilege.’

Full story

Litigation Futures, 21st November 2016


Stay of execution and change of circumstances – Nearly Legal

Posted June 17th, 2016 in news, repossession, stay of execution, trustees in bankruptcy by tracey

‘Hall (Trustee in Bankruptcy of the Estate of Elias Elia) v Elia & Elia. High Court Ch D 10/03/2016.
The Elias, mother and son, applied for a stay of execution of a possession order. The property was owned by the son who was bankrupt. The possession order had been obtained by the trustee in bankruptcy.’

Full story

Nearly Legal, 12th June 2016


Just and Equitable Winding – Up & Bankruptcy Trustees – New Square Chambers

‘In a recent decision the Companies Court has held that trustees in bankruptcy do not need to satisfy the actual registration requirements set out in s.124(2)(b) of the Insolvency Act 1986 (“IA”) before presenting a just and equitable winding-up petition. For the first time, the decision in Stratford Edward Hamilton & James Ashley Dowers (Trustees in Bankruptcy of Charles Newell Brown) v Maureen Frances Brown & C&MB Holdings Ltd [2016] EWHC 191 (Ch)puts bankruptcy trustees in the same position as they are in with respect to unfair prejudice petitions and means that they do not have to wait a minimum of six months following their appointment to have the necessary locus to present a just and equitable winding up petition.’

Full story

New Square Chambers, 11th April 2016


Possession claims by trustee in bankruptcy – Nearly Legal

‘This was an appeal arising from a claim for possession against three properties by the trustee in bankruptcy of a bankrupt landlord. The Lawtel note rather confusingly refers to it as “accelerated possession proceedings for an order for sale”, which it can’t possibly have been.’

Full story

Nearly Legal, 22nd November 2015


Horton v Henry; pensions, bankruptcy and divorce – Family Law Week

‘Pranjal Shrotri, barrister, 36 Bedford Row identifies the importance of the forthcoming judgment of the Court of Appeal in Horton v Henry.’

Full story

Family Law Week, 22nd June 2015


Bankruptcy trustee barred from charging costs to client account – Law Society’s Gazette

Posted June 5th, 2015 in bankruptcy, client accounts, costs, news, trustees in bankruptcy by tracey

‘A trustee looking after the affairs of a bankrupt law firm has been refused permission to claim costs from the client accounts of the practice.’

Full story

Law Society’s Gazette, 5th June 2015


Trust deeds versus trustees – 11 Stone Buildings

Posted April 20th, 2015 in bankruptcy, debts, EC law, news, pensions, trustees in bankruptcy by sally

‘Thomas Robinson details changes in bankruptcy and pension rights under UK and EU pension schemes.’

Full story (PDF)

11 Stone Buildings, 15th April 2015


High Court judge disagrees on whether creditors can access bankrupt’s pension savings where pension not in payment –

Posted January 9th, 2015 in bankruptcy, debts, news, pensions, trustees in bankruptcy by sally

‘Trustees in bankruptcy should not be able to access a bankrupt pension scheme member’s savings for the purposes of paying off debts, a High Court judge has ruled, contradicting a 2012 decision of the same court.’

Full story, 8th January 2015


Horton v Henry – WLR Daily

Posted January 6th, 2015 in bankruptcy, insolvency, law reports, pensions, trustees in bankruptcy by sally

Horton v Henry [2014] EWHC 4209 (Ch); [2014] WLR (D) 551

‘There was no power vested in the court pursuant to section 310 of the Insolvency Act 1986 to make an income payments order in respect of an uncrystallised pension not yet in payment.’

WLR Daily, 17th December 2014


Hayes v Butters and another – WLR Daily

Posted December 18th, 2014 in bankruptcy, damages, harassment, law reports, trustees in bankruptcy by sally

Hayes v Butters and another [2014] WLR (D) 536

‘In a claim for harassment pursuant to the Protection from Harassment Act 1997, where the claimant claimed personal loss and financial loss, the claim was a hybrid claim which vested in the trustee in bankruptcy.’

WLR Daily, 10th December 2014


In re MF Global UK Ltd (in special administration) (No 5) – WLR Daily

In re MF Global UK Ltd (in special administration) (No 5): [2014] EWHC 2222 (Ch); [2014] WLR (D) 294

‘There was nothing in the rules contained in Chapters 7 and 7A of the Client Assets Sourcebook (“CASS 7 and 7A”), which formed part of the Financial Services Authority Handbook, which expressly excluded the statutory power of compromise contained in section 15 of the Trustee Act 1925.’

WLR Daily, 4th July 2014


Salliss v Hunt – WLR Daily

Salliss v Hunt [2014] EWHC 229(Ch); [2014] WLR (D) 56

‘When considering whether or not to grant an application to annul a bankruptcy order there was no reason in principle why the court should take any account of a debt due to a creditor where the creditor was aware of the bankruptcy but had never submitted a proof and had made an informed commercial decision not to lodge one in the future.’

WLR Daily, 10th February 2014