Source: All England Reporter
Publisher Citation: [2010] All ER (D) 112 (Dec)
Neutral Citation: [2010] EWHC 3106 (Ch)
Court: Chancery Division, Birmingham District Registry

Judge David Cooke sitting as a judge of the High Court

Representation James Morgan (instructed by Freeth Cartwright) for the applicant.
  Peter Shaw (instructed by Howes Percival LLP) for the respondents.
Judgment Dates: 2 December 2010


Bankruptcy - Trustee in bankruptcy - Remuneration - Bankrupt and other director carrying on business in partnership as property developers through company incorporated for that purpose - Bankrupt's trustee in bankruptcy, other director and company entering into settlement deed with view to resolving dispute about beneficial ownership of certain properties - Company subsequently put into members' voluntary liquidation - Trustee in bankruptcy seeking order for indemnity for reasonable remuneration, costs and expenses of realisation of those properties - Whether terms of settlement deed preventing claim in respect of period prior to entry into settlement deed - Scope of recoverable costs.

The Case

Bankruptcy Trustee in bankruptcy. The Chancery Division of the High Court ruled on the application by a trustee in bankruptcy for an order seeking an indemnity for his reasonable remuneration, costs and expenses of the realisation of the three properties out of their net proceeds of sale, based on the jurisdiction identified in Re Berkeley Applegate (Investment Consultants) Ltd, Re, Harris v Conway .

Practice Areas

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