Bankruptcy—Trustee in bankruptcy—Remuneration

Court of Appeal, Civil Division, Arden, Black LJJ and Richards J,
25 Mar 2011

A court hearing an application concerning the remuneration of an office-holder should proceed on the basis that Practice Statement: The Fixing and Approval of the Remuneration of Appointees (2004) was to be applied, except insofar as in the circumstances the party objecting to its application showed that it would be wrong in principle to do so.

Jane Lambert (instructed under the Public Access Rules) for the claimant.
Stephen Davies QC (instructed by Eversheds LLP) for the trustee.

The claimant was made bankrupt on a petition by the Revenue and Customs Commissioners. The defendant trustee in bankruptcy (the trustee) was appointed in order to secure the bankruptcy estate. In October 2007, the claimant applied to annul the bankruptcy under s 282(1)(b) of the Insolvency Act 1986. Hearings were set for the annulment application but were adjourned as the claimant failed to provide the information