A trustee in bankruptcy had had vested in him the legal title to an action for damages for the loss to personal reputation and status of the bankrupt.
Held: A declaration that he had no interest in a claim for damages against a former insolvency practitioner, was not a judgment in rem, making him a bare trustee of that claim. The bankrupt must therefore first secure an assignment of the claim from the trustee in order to bring the action. The declaration did not create a world which was binding upon the defendants.
Citations:
Times 12-Jan-2001, Gazette 01-Feb-2001
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Mulkerrins v Pricewaterhousecoopers (A Firm) ChD 29-Mar-2000
Where a bankrupt wished to pursue an action held for him personally rather than his creditors.
Held: The trustee in bankruptcy held the right of action in trust for the bankrupt, but declined to sue. The bankrupt had the right to join the . .
Cited by:
Appeal to – Mulkerrins v Pricewaterhousecoopers (A Firm) ChD 29-Mar-2000
Where a bankrupt wished to pursue an action held for him personally rather than his creditors.
Held: The trustee in bankruptcy held the right of action in trust for the bankrupt, but declined to sue. The bankrupt had the right to join the . .
Appeal from – Mulkerrins v Pricewaterhouse Coopers HL 31-Jul-2003
The claimant sought damages from her former accountants for failing to protect her from bankruptcy. The receiver had unnecessarily caused great difficulties in making their claim that such an action vested in them. The defendants had subsequently, . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Insolvency
Updated: 11 May 2022; Ref: scu.84114
