Singh v Hicken (trustee in bankruptcy of Singh)

Bankruptcy – Trustee in bankruptcy. The appellant bankrupt unsuccessfully appealed against the dismissal of his application under r 18.35 of the Insolvency Rules (England and Wales) 2016, SI 2016/1024, which allowed a bankrupt, with the permission of the court, to make an application on the grounds that the remuneration or expenses charged by a trustee were excessive. The liabilities of the bankrupt's estate were relatively modest, around £16,622 in total. However, the total amount required to discharged the liabilities, including the trustee's costs, among others, was around £285,089. The Chancery Division ruled that the deputy district judge of the county court had not erred in considering that the question to be asked on the application was whether the appellant could show that the trustee's costs could be reduced below the net realisation figure of £98,000, and in concluding that that was not likely. The deputy district judge had not erred in exercising his discretion by dismissing the application for permission. In so ruling, the court considered the relevant test for granting permission under r 18.35.

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