What level of discretion does a Trustee in Bankruptcy get?

In the case of Patley Wood Farm LLP v Kicks, the Court of Appeal emphasised the significant discretion granted to insolvency practitioners in fulfilling their statutory duties. The court overturned a previous decision and affirmed that trustees in bankruptcy have the authority to decide not to become involved in lengthy and adversarial legal proceedings between the bankrupt individuals and a third party.

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The decision, made with the guidance of legal advice, was deemed not to be perverse under section 303 of the Insolvency Act 1986. This ruling underscores the latitude given to office-holders in insolvency matters and implies that they are permitted to consider their own interests alongside those of creditors.

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Corporate and Commercial Solicitors London ? Summit Law (summitlawllp.co.uk)