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26 June 2015
Issue: 7658 / Categories: Case law , Law digest , In Court
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Practice

BPE Solicitors and another v Gabriel [2015] UKSC 39, [2015] All ER (D) 179 (Jun)

A trustee in bankruptcy sought directions from the court in regard to when an action in progress at the time of the trustee’s appointment was adopted by the trustee, whether there was any reason in principle why the trustee should necessarily be required, simply by his adoption of the action, to pay the other side’s costs of legal proceedings including those incurred at the time when he was not a party and the action was being concluded by the bankrupt for his own account. The Supreme Court held that he would not be held personally liable for any costs in relation to the action up to an including the order of the Court of Appeal by virtue of the fact of his office as trustee in bankruptcy or of his adoption of the appeal. NLJ

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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