Bird v Philpott

JurisdictionEngland & Wales
Date1900
CourtChancery Division
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10 cases
  • Sheida Oraki and Another v Timothy Bramston and Another
    • United Kingdom
    • Chancery Division
    • July 15, 2015
    ...is not a trustee for the bankrupt until it has been established that there is a surplus after payment in full of all the creditors: see Bird v. Philpott [1901] 1 Ch 822 at 828, In re Leadbitter (1878) 10 Ch D 388 at 391, Re a Debtor [1949] Ch 236 at 240–241 and James v. Rutherford-Hodge an......
  • Phillips v Symes (No. 3)
    • United Kingdom
    • Chancery Division
    • October 3, 2005
    ...was the law. 7 I am quite satisfied that it is not the law and the clearest indication of that is the decision of Mr. Justice Farwell in Bird v Philpott [1900] 1 Ch.822. I do not propose to set out the facts of that case, but, in my judgment, they are precisely the same as the present dilem......
  • Re Sookram Singh (an insolvent); Latchmin Sookram v ex parte the Official Receiver
    • Guyana
    • Court of Appeal (Guyana)
    • Invalid date
  • KK v MA and Others
    • United Kingdom
    • Family Division
    • March 29, 2012
    ...he holds that on trust for the purpose of giving effect to the bankrupt's entitlement to the surplus (see s. 330(5), Jones v Philpott [1900] 1 Ch 822 and Phillips v Symes [2005] EWHC 2867 (Ch), [2006] All ER (D) 16 (Oct), [2006] BPIR 1430). 29 The effect of that combination is that the ban......
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