McKay (Michael Gerard) and Dalrymple (Gerard Joseph) v Walker (Brian) and McDonald (Joseph) practicing as Walker McDonald Solicitors
| Jurisdiction | Northern Ireland |
| Judge | Stephens J |
| Judgment Date | 30 January 2017 |
| Neutral Citation | [2017] NIQB 21 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 30 January 2017 |
1
Neutral Citation: [2017] NIQB 21 Ref:
STE10196(T)
Judgment: approved by the Court for handing down Delivered:
30/01/2017
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION
________
BETWEEN
MICHAEL GERARD McKAY and
GERARD JOSEPH DALRYMPLE
Plaintiffs:
v
BRIAN WALKER and JOSEPH McDONALD
practising as
WALKER McDONALD Solicitors
Defendants:
________
STEPHENS J
Introduction
[1] This is an application pursuant to Article 277(4) of the Insolvency
(Northern Ireland) Order 1989 (“the Insolvency Order”) by Michael Gerard McKay
and Gerard Joseph Dalrymple (“the plaintiffs”) for leave to bring proceedings
against Brian Walker (“the first defendant”) who was their trustee in bankruptcy.
[2] Article 278(2) of the Insolvency Order provides discretion to the trustee when
getting in the bankrupt’s estate in the following terms:
“(the) function of the trustee is to get in, realise and
distribute the bankrupt's estate …; and in the carrying
out of that function and in the management of the
bankrupt's estate the trustee is entitled, …, to use his own
discretion.” (emphasis added)
However there is potential liability for the trustee under Article 277(1) which
provides that:
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