15 September 2017
Frosdick v Fox and another [2017] EWHC 1737 (Ch), [2017] All ER (D) 35 (Aug)
The Chancery Division struck out the claimant’s claim, in which he challenged the first defendant trustee’s disclaimer of rights of action against the claimant’s former solicitors, following an application by the defendants. On the true construction of s 316 of the Insolvency Act 1986, the action had no reasonable prospect of success, and the court would strike it out under CPR 3.4.
