*BPE Solicitors and another v Gabriel

Practice – Pre-trial or post-judgment relief. 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.

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