Insolvency Paper: The principles governing costs orders - June 2011

In carrying out their duties, insolvency practitioners are frequently called on to prosecute or defend legal proceedings.

On some occasions, the insolvency practitioner will inherit litigation that is already on foot at the time of his or her appointment. On other occasions, the insolvency practitioner will commence the litigation after he or she has been appointed.

Like all litigants, insolvency practioners must give careful consideration to potential costs orders which may be made in their favour, or against them, in the course of the litigation.

The purpose of this paper is to provide a general overview of the principles which govern such costs orders, with a view to making insolvency practitioners more aware of the risks and benefits associated with costs orders made in litigation in which they may be involved.

Partner Paul Betros and Senior Associate Sam Kingston investigate this further.

Please click on the Download PDF button to download this paper.