000 01353cab a2200241 4500
001 X77173
008 090401t1997 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u77173
041 _aeng
245 _aNelson v Nelson and others
260 _c1997
350 _a0
490 _aWeekly Law Reports
_v[1997] 1 WLR 233-241(5)
520 _aCA 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.
650 _aBANKRUPTCY
650 _aNEGLIGENCE
650 _aNELSON V NELSON
650 _aSALE OF PROPERTY
650 _aSOLICITORS
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c18/03/1997
999 _c48502
_d48502