Description
Appeal against a wasted costs order against solicitors instructed by a bankrupt claimant granted on the ground that they conducted litigation in the absence of consent by the trustee in bankruptcy.
Held: A wasted costs order application may be made orally in the course of any hearing (CPD (CPR Pt 48) para 53.3(2)), provided the scope of the application is narrow and clear (
Regent Leisuretime Ltd v Skerrett [2006] EWCA Civ 1032). It is negligent for solicitors to commence an action for a bankrupt in relation to a cause of action which is vested in the bankrupt's trustee, unless the client has grossly misled them (
Pickthall v Hill Dickinson LLP [2009] EWCA Civ 543;
Nelson v Nelson [1997] 1 All ER 970f).
Appeal dismissed. In the present case, it was not necessary for the defendant to issue a Part 23 application as there was a strong
prima facie case that the solicitors acted improperly, unreasonably and negligently - any competent solicitor must know that proceedings to enforce a claim by a bankrupt can be pursued only with the consent of the trustee.
