Trustee of Property of Vickery (a Bankrupt) v Modern Security Systems Limited: CA 15 Oct 1997

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
Peter Gibson LJ, Ward LJ, Vinelott LJ
[1997] EWCA Civ 2493, [1998] 1 BCLC 428, [1998] BPIR 164
England and Wales
CitedBorneman 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:
CitedBPE 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 . .

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Updated: 23 April 2021; Ref: scu.142891