George Bell (Agencies) Ltd v Nethercott
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1988 |
| Date | 01 January 1988 |
| Court | Queen's Bench Division (Northern Ireland) |
- Defendant adjudicated bankrupt - Arrangement with official assignee and bank - Defendant's 10% beneficial interest in proceeds of counterclaim -Whether defendant a "nominal plaintiff" -Defendant legally assisted - Amount of security - Rules of the Supreme Court (N.I.), O. 23, r.1 (1) (b).
The plaintiff commenced an action claiming £IR301,457.55 for transporting frozen fish and the defendant counterclaimed for £592,125 for loss and damage alleged to have been sustained in relation to such transportation. In 1982 the defendant assigned his interest in his counterclaim to his bankers and in 1983 the defendant was adjudicated bankrupt. By agreements in the autumn of 1983 the bank and the official assignee assigned the counterclaim to the defendant in consideration of the defendant paying over 90% of any monies received by him on his counterclaim to the official assignee who in turn would assign 85% of that sum to the bank. The defendant was also required to apply for legal aid, which he applied for and obtained. In 1987 the plaintiff applied under Order 23, rule 1 (1) (b) of the Rules of the Supreme Court for an order that the defendant give security for costs on the ground that he was, in relation to his...
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Goode Concrete v CRH Plc Roadstone Wood Ltd and Others
...IR 473; Greener v E Kahn (1906) KB 374; Blair v Crawford [1907] 41 ILTR 5; Semler v Murphy [1967] 1 Ch 183; George Bell Ltd v Nethercott [1988] NI 299; Fallon v An Bord Pleanála [1992] 2 IR 380; McAuley v Minister for Posts and Telegraphs [1966] IR 345; Re Illegitimate Children (Affiliat......