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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

08 MAR 2012

Marquis Francois-Eudes de Louville de Toucy (by his Litigation Friend The Official Solicitor) v (1) Bonhams 1793 Ltd (2) The Official Receiver [2011] EWHC 3809 (Ch) (Chancery Division, Vos J, 2 November 2011)

M owed a debt to B, an auction house, for the purchase of antiques. The debt was not disputed. After B had presented a bankruptcy petition, M was admitted to hospital, and detained under the Mental Health Act 1983, after an apparent suicide attempt. M’s solicitors wrote to B, stating that M was a protected person requiring the appointment of a litigation friend, or the court's permission, before any step could be taken in the proceedings.


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