Source: All England Reporter
Publisher Citation: [2002] All ER (D) 296 (Nov)
Court: Chancery Division
Judge:

Lindsay J

Representation Nigel Ley (instructed by Kevills, Chorley) for the appellant.
  Graham Sellers (instructed by Davies Wallis Foyster, Manchester) for the trustee in bankruptcy.
Judgment Dates: 20 November 2002

Catchwords

Bankruptcy - Trustee in bankruptcy - Powers - Sufficient sanction of powers.

The Case

There was a real analogy between a bankruptcy petition and equitable execution as processes for the recovery of funds. In the instant case, although a trustee in bankruptcy had been authorised to recover funds, it was plain that that end had been contemplated by the presentation of a petition and the subsequent bankruptcy order. Accordingly, the trustee had not exceeded his powers and it could not be said the bankruptcy petition and the order were invalid.

Practice Areas

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