Insurance law update
Posted by Susan Hopcraft on September 11 2014 in Commercial litigation & dispute resolution

Photograph of Susan Hopcraft

Several important pieces of legislation dealing with what needs to be disclosed when insurance is placed and how to recover from an insurer of an insolvent party are underway and there have also been developments at the Financial Ombudsman. It has been a busy 18 months or so, with more still to come….

 

Bankruptcy: who pays Trustee’s costs on annulment?
Posted by Emma Easton on September 10 2014 in Restructuring & insolvency

Photograph of Emma Easton

A case that came before the High Court in 2013 has highlighted the discretion of the court to decide whether, and if so by whom, the Trustee’s costs, arising from a bankruptcy order which was subsequently annulled, should be paid. Dr and Mrs Oraki were declared bankrupt after a refusal to pay the legal fees of their solicitor who, they alleged, was guilty of misconduct. On appeal, their bankruptcy orders were annulled. However, the matter was not over: the couple then appealed against the order to pay the costs (which were considerable) accrued by the Trustee in Bankruptcy and then to reclaim the sum from their solicitor’s firm.

 
 
 
 
 
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