Vickery, Trustee Of Property Of v Modern Security Systems Ltd [1997] EWCA Civ 2493 (15 October 1997)

Vickery, Trustee Of Property Of v Modern Security Systems Ltd [1997] EWCA Civ 2493 (15 October 1997)

The trustee in bankruptcy, by adopting and actively pursuing the action, waived any irregularity in not being formally joined and became liable for the costs of the action under established case law and section 51 of the Supreme Court Act 1981.

Citation
[1997] EWCA Civ 2493
Parties
Plaintiff: Christopher Vickery; Defendant: Modern Security Systems Limited; Trustee in Bankruptcy: D J Cork
Jurisdiction
England and Wales
Judgment Date
15 October 1997
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Trustee Liability, Costs Orders, Party Substitution, Bankruptcy Proceedings
Bankruptcy Civil Procedure Costs Trustee Liability Costs Orders Party Substitution Bankruptcy Proceedings

Case Brief

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Parties

Christopher Vickery

Plaintiff

Modern Security Systems Limited

Defendant

D J Cork

Trustee in Bankruptcy

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a trustee in bankruptcy can be ordered to pay costs of an action without being formally joined as a party
  2. 2 Whether the court had jurisdiction to make a costs order against the trustee
  3. 3 Whether the trustee should pay Finers' costs of the defendant's failed application

Ratio Decidendi

The trustee in bankruptcy, by adopting and actively pursuing the action, waived any irregularity in not being formally joined and became liable for the costs of the action under established case law and section 51 of the Supreme Court Act 1981.

Court Disposition

appeal dismissed

Orders

  • Trustee in bankruptcy to pay defendant's costs from 20 May 1993
  • Trustee to pay Finers' costs occasioned by the defendant's application against them