COURT RULES TRUSTEE IN BANKRUPTCY HAS NO COMMON LAW DUTY OF CARE TO BANKRUPT
In Oraki & Oraki v Bramston and Defty Mrs Justice Proudman ruled that a trustee in bankruptcy has no common law duty of care to the Bankrupt, as opposed to statutory duties under the Insolvency Act 1986, even where the bankrupt’s estate is arguably solvent.
Claims of professional negligence against the defendants, former trustees in bankruptcy of the Orakis, were dismissed.
John Briggs represented the defendants.
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