header-logo header-logo

07 December 2012
Issue: 7541 / Categories: Case law , Law reports , In Court
printer mail-detail

Bankruptcy—Trustee in bankruptcy—Expenses

Appleyard v Wewelwala [2012] EWHC 3302 (Ch), [2012] All ER (D) 285 (Nov)

Chancery Division, Briggs J, 23 November 2012

The High Court may rely on its inherent jurisdiction to make provision for the payment of a trustee in bankruptcy’s expenses where the bankruptcy order has been successfully overturned on an appeal, on an application of which he was not notified, at a hearing he did not attended and by an order which made no provision for his release form office.

Louise Bowmaker (instructed by Ward Hadaway) for the trustee. The respondent appeared in person.

In April 2011, the respondent was made bankrupt on the petition of a creditor. In July 2011, a trustee in bankruptcy was appointed. The trustee began incurring expenses in discharging his duties. In October 2011, the respondent’s application for permission to appeal against the petition was adjourned and the creditor was directed to attend the adjourned hearing (the October order). The October order did not state that the appeal would immediately follow if permission was granted

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll