Nelson v Nelson and others
Language: English Series: Weekly Law Reports ; [1997] 1 WLR 233-241(5)Publication details: 1997Subject(s): Summary: CA 6 December 1996. Plaintiff instructing solicitors to act on his behalf in respect of his interest in a property failed to disclose that he was an undischarged bankrupt. The solicitors discovered the first defendant had sold the property and obtained a Mareva injunction to protect the proceeds of the sale. The solicitors then learnt the plaintiff was an undischarged bankrupt and the injunction was discharged. Held that the no wasted costs order could be made since there had been no negligence on the part of the solicitors but ordered them to pay costs under the inherent jurisdiction of the court. Appeal allowed. Since the judge had found the solicitors conduct to be innocent, the court`s discretion to award costs should have been exercised in their favour.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | X77173 (Browse shelf(Opens below)) | 1 | Available | 77173-1001 |
CA 6 December 1996. Plaintiff instructing solicitors to act on his behalf in respect of his interest in a property failed to disclose that he was an undischarged bankrupt. The solicitors discovered the first defendant had sold the property and obtained a Mareva injunction to protect the proceeds of the sale. The solicitors then learnt the plaintiff was an undischarged bankrupt and the injunction was discharged. Held that the no wasted costs order could be made since there had been no negligence on the part of the solicitors but ordered them to pay costs under the inherent jurisdiction of the court. Appeal allowed. Since the judge had found the solicitors conduct to be innocent, the court`s discretion to award costs should have been exercised in their favour.