The WLR Daily case summaries
[2018] WLR(D) 729
Chancery Division
Singh v Hicken
[2018] EWHC 3277 (Ch)
2018 Nov 20; 29
Nugee J
Bankruptcy— Trustee in bankruptcy— Remuneration— Trustee’s costs and expenses substantially exceeding liabilities of bankrupt’s estate— Bankrupt applying to court for permission to make application on ground trustee’s remuneration and expenses excessive— Judge refusing permission on basis that unlikely that trustee’s costs to be reduced below net realisation figure— Bankrupt appealing on ground that judge applying incorrect test— Whether court considering permission application required to apply guiding principles set out in practice direction— Whether burden of proof on trustee to show remuneration and expenses exceeding available surplus such that permission to be refused—
Insolvency Rules (England and Wales) 2016 (SI 2016/1024), r 18.35(4),(5)