Green v Bramston & Ors [2010] EWHC 3106 (Ch) (02 December 2010)

In Green v Bramston & Ors [2010] EWHC 3106 (Ch) (02 December 2010) the principles set out in Berkeley Applegate (Re Berkeley Applegate (Investment Consultants) Ltd [1989] 1 Ch 32) were considered. The case was notable as a dispute between two insolvency practitioners and in which the Trustee’s investigation costs relating to the beneficial interest in trust assets did not form part of the order for indemnity granted by the court. It was held that where trust assets were realised by the Trustee in Bankruptcy, that the costs and expenses incurred were recoverable from those trust assets. The full judgment can been seen at http://www.bailii.org/ew/cases/EWHC/Ch/2010/3106.html

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