Lipkin Gorman v. Cass (Trustee in Bankruptcy) (Eoin O' Dell, 15 Dec 2000)

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Sender:	Eoin O' Dell
Date:	Fri, 15 Dec 2000 11:47:23 GMT
Re:	Lipkin Gorman v. Cass (Trustee in Bankruptcy)

Further to Lionel Smith's point discussed by Andrew Tettenborn, Robert Stevens and Nicholas Briggs), can I pose a consequential question:

If Cass's trustee in bankruptcy does have a successful claim against the Club under ss 339ff of the Insolvency Act 1986 (or equivalent), would the Firm then be able to trace into trustee's hands and make a proprietary claim against the insolvency?

Eoin.

EOIN O'DELL BCL(NUI) BCL(Oxon)
Editor, Dublin University Law Journal.
Barrister, Lecturer in Law, Trinity College, Dublin 2, Ireland.
(353/0 1) 608 1178 (w) 677 0449 (fx); (353/0 86) 286 0739 (m)
(All opinions are personal. No legal responsibility whatsoever is accepted.)

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