Bankruptcy

(a) The High Court has confirmed in the recent case of Mohammed Safier v Wendy Wardell [2017] EWHC 20 that third party funds should not be paid into the ISA, and therefore do not attract the Secretary of State’s administration fee.

(b) Where a trustee in bankruptcy initiates proceedings these will now be by way of an Originating Application and will attract a fee currently in the sum of £280.

(c) Until recently, it has always been assumed that trustees simply stepped into the shoes of the bankrupt, and acquired for himself the benefit of any legal professional privilege formerly exercisable by the bankrupt with regard to documents relating to their estate or affairs. A recent decision has set a high water mark for the protection of an insolvent individual’s legal professional privilege and documents. Trustees now seeking access to, or use of, documents subject to legal professional privilege, will now require the bankrupt’s consent or apply for a specific waiver of identified documents on a case by way basis – Leeds and anor v Lemos [2017] EWHC 1825.

For further information, contact Chris Millar, either by email c.millar@downslaw.co.uk or by phone on 01306 502225.

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