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Insolvency – Bankruptcy. The first defendant appealed against the entry of judgment against him on the basis that the claimant had failed to disclose his bankruptcy, which had occurred after the start of proceedings, but before judgment. The Court of Appeal, Civil Division, in dismissing the appeal, held that the first defendant's appeal had been founded on the false premises that the bankruptcy order had immediately deprived the claimant of his cause of action. The first defendant had failed to show that the claimant's property had passed to a trustee in bankruptcy before judgment, and that the claimant had known that the official receiver had become trustee, that his estate had become vested in the official receiver and that that had been so before judgment had been entered.
Insolvency – Bankruptcy. The first defendant appealed against the entry of judgment against him on the basis that the claimant had failed to disclose his bankruptcy, which had occurred after the start of proceedings, but before judgment. The Court of Appeal, Civil Division, in dismissing the appeal, held that the first defendant's appeal had been founded on the false premises that the bankruptcy order had immediately deprived the claimant of his cause of action. The first defendant had failed to show that the claimant's property had passed to a trustee in bankruptcy before judgment, and that the claimant had known that the official receiver had become trustee, that his estate had become vested in the official receiver and that that had been so before judgment had been entered.
The Bar Council is ready to support a turn to the efficiencies that will make a difference
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