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Practice

26 June 2015
Issue: 7658 / Categories: Case law , Law digest , In Court
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BPE Solicitors and another v Gabriel [2015] UKSC 39, [2015] All ER (D) 179 (Jun)

A trustee in bankruptcy sought directions from the court in regard to when an action in progress at the time of the trustee’s appointment was adopted by the trustee, whether there was any reason in principle why the trustee should necessarily be required, simply by his adoption of the action, to pay the other side’s costs of legal proceedings including those incurred at the time when he was not a party and the action was being concluded by the bankrupt for his own account. The Supreme Court held that he would not be held personally liable for any costs in relation to the action up to an including the order of the Court of Appeal by virtue of the fact of his office as trustee in bankruptcy or of his adoption of the appeal. NLJ

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Hugh James—Phil Edwards

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