A trustee in bankruptcy will be treated as the party if he has in fact adopted the proceedings by conducting the litigation, even if there has been no formal substitution
Judges:
Peter Gibson LJ, Ward LJ, Vinelott LJ
Citations:
[1997] EWCA Civ 2493, [1998] 1 BCLC 428, [1998] BPIR 164
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Borneman v Wilson CA 1884
The Wilsons, father and son, had acted as commercial agents of one Borneman. He began an action against them in the Chancery Division for an account of their dealings with his goods and obtained interlocutory relief on motion including an injunction . .
Cited by:
Cited – BPE Solicitors and Another v Gabriel SC 17-Jun-2015
Application for directions in a pending appeal. The claimant alleged negligence against his former solicitors. After his successful claim was substantially overturned on appeal, he was made bankrupt.
Held: If the trustee adopted and pursued . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Costs
Updated: 09 November 2022; Ref: scu.142891