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 | 27 January 2017 |
| Neutral Citation | [2017] NIQB 22 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 27 January 2017 |
1
Neutral Citation: [2017] NIQB 22 Ref:
STE10210
Judgment: approved by the Court for handing down Delivered:
27/01/2017
(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. A preliminary
point has arisen as to whether a judge sitting in the Queen’s Bench Division, has
jurisdiction to give such leave, it being suggested by Mr McEwen, who appears on
behalf of the defendants, that based upon the English legislation, the application
should be made to the Bankruptcy Master and that it is the Chancery Court which
has exclusive jurisdiction, rather than the court in which the potential plaintiffs wish
to bring the proceedings.
[2] In Oraki v Bramston [2015] EWHC 2046 (Ch); [2015] BPIR 1238 Mrs Justice
Proudman at paragraph [164] referring to the Insolvency Act 1986, stated:
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