header-logo header-logo

05 September 2008
Issue: 7335 / Categories: Case law , Law reports , Costs
printer mail-detail

Law Reports Bankruptcy—Trustee in bankruptcy—Removal from office

Donaldson and another v O’Sullivan and another [2008] EWCA Civ 879, [2008] All ER (D) 393

Court of Appeal, Civil Division; Ward, Dyson and Lloyd LJJ; 30 July 2008

Section 303(2) of the Insolvency Act 1986 (IA 1986) confers power on the court to appoint a new trustee in bankruptcy, which it can exercise so as to replace a trustee removed under s 298 of IA 1986. That is also the position in compulsory liquidations under s 168(3).

Jeffrey Littman (instructed by Morgans) for the applicant. Christopher Brockman (instructed by Meade King) for the respondent. Richard Ritchie (instructed by the Treasury Solicitor) for the official receiver.

The applicant was discharged from bankruptcy with liabilities still outstanding. In 2006, her trustee in bankruptcy applied for a block transfer order which would have the effect of removing him from office as trustee in bankruptcy of the appellant, and appointing the respondent in his place. The judge allowed the trustee’s application, however, the respondent

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

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll