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This was an unsuccessful application brought by Mr Chapper (the bankrupt) under s 304 of the Insolvency Act 1986 alleging breach of duty against Carl Jackson (the trustee) for failing to intervene in pre-existing litigation in which the bankrupt had been involved for many years.
The bankrupt sought damages on the basis that, he said, had the trustee so intervened a commercial property vested in the bankruptcy estate would have been sold for a higher value, resulting in a larger surplus at the end of the bankruptcy.
The history of the claim was complicated and followed on from a decade of family litigation, as a result of which the bankrupt had been declared the beneficial owner of a property in Balham High Street over which his sister had obtained a charging order.
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