Trustees in Bankcruptcy Archives

Elaine Palser and Helen Pugh successful in High Court claim alleging negligence against trustees in bankruptcy

Elaine Palser and Helen Pugh, instructed by RPC and CMS Cameron McKenna respectively, acted successfully for the first and second trustees in bankruptcy (T-in-B) respectively in the recent High Court decision of McFadzean v Martinez [2026] EWHC 426 (Ch). A former bankrupt sought the court’s leave to sue her two former trustees in bankruptcy for alleged negligence in the sale of a substantial French property. The judgment considers the test for leave to bring a claim against a trustee pursuant to section 304 of the Insolvency Act 1986 where the proposed claim is brought by a former bankrupt and where the trustees have already had their release. Whilst the court will weigh up all the relevant factors in each case,…

News 25 Mar, 2026

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Elaine Palser and Helen Pugh successful in High Court claim alleging negligence against trustees in bankruptcy

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