Young (William James) and Young (Roberta Ann) v Hamilton (Andrew Sydney) and others
| Jurisdiction | Northern Ireland |
| Judge | Treacy J |
| Judgment Date | 2010 |
| Neutral Citation | [2010] NICh 11 |
| Date | 11 June 2010 |
| Court | Chancery Division (Northern Ireland) |
1
Neutral Citation No. [2010] NICh 11
Ref:
TRE7882
Judgment: approved by the Court for handing down
Delivered:
11/06/10
(subject to editorial corrections)*
2006 No 26866
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
CHANCERY DIVISION
________
BETWEEN:
WILLIAM JAMES YOUNG
&
ROBERTA ANN YOUNG
Plaintiffs;
and
1. ANDREW SYDNEY HAMILTON
2. JAMES SAMUEL HAMILTON
3. MARGARET JOAN HAMILTON
4. DAVID RUSSELL
5. THOMASINA PHYLLIS ALEXANDRA RUSSELL
6. DAVID BOYD
7. LORRAINE THOMPSON (formerly practising as Thompson’s Solicitors)
Defendants.
_______
TREACY J
Introduction
[1] On the ninth day of the trial of this action it emerged, in the course of
evidence being given by the plaintiffs’ expert witness, Mr Jeremy Harbinson that the
first plaintiff had been adjudicated bankrupt, on his own Petition, in London in May
2006, a few weeks before the Writ of Summons in this case was issued. Accordingly,
on the date when the action commenced, the first plaintiff was an undischarged
bankrupt.
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3 cases
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Hayes v Butters and another
...claim. This conclusion is incidentally in line with the decision of Treacy J in the High Court of Northern Ireland in Young v Hamilton [2010] NI Ch 11 in which he was dealing with an action involving numerous causes of action, listed in paragraph [3] of the judgment as negligence, breach of......
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David John Frosdick v Nigel Ian Fox and Another
...be to bring a re-vesting application under section 320 but he has not done that. 44 Mr Curl referred to the decision of Treacy J in Young v Hamilton in the High Court in Northern Ireland [2010] BPIR 1468 at paragraph 33, as follows:- "Where a trustee in bankruptcy disclaims an asset (includ......
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Swift Advances PLC v McKay (Michael Gerard) and Walker (Brian F); Swift Advances PLC v Dalrymple (Gerard) and Walker (Brian F)
... ... of the Bar of Northern Ireland Mr William Gowdy very creditably agreed to act on that ... relied on the judgment of Treacy J in Young and Another v Hamilton and Others [2010] NI Ch ... 1139 (House of Lords) and James v Rutherford-Hedge [2005] EWCA Civ. 1580, ... ...