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(Chancery Division, Mark Herbert QC (sitting as a deputy High Court judge), 21 December 2011)
A judgment creditor with the benefit of a charging order obtained an order for sale of a property registered in the name of C, the sale to be at not less than £650,000. A bankruptcy order was made against C. C brought a claim in damages against the trustee under s 304 of the Insolvency Act 1986 alleging breach of duty for failing to intervene in the litigation to ensure a sale at a higher price. Mark Herbert QC (sitting as a deputy judge of the High Court) dismissed the application. The trustee had not fallen short of the standards expected of an insolvency practitioner exercising a discretion as to the management of the bankruptcy estate.
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