Top Qs
Timeline
Chat
Perspective
Ex p James
From Wikipedia, the free encyclopedia
Remove ads
Ex parte James (1803) 32 ER 385 is an insolvency and company law case, concerning conflicts of interest, and the absolute duty to avoid them.
Facts
A bankrupt's estate was purchased by a solicitor to the commission of the bankrupt.
![[icon]](#/media/File:Wiki_letter_w_cropped.svg){kind=small} | This section needs expansion. You can help by adding to it. (April 2010) |
Judgment
Lord Eldon LC stated the following in his judgment.
This doctrine as to purchases by trustees, assignees, and persons having a confidential character, stands much more upon general principle than upon the circumstances of any individual case. It rests upon this, that the purchase is not permitted in any case, however honest the circumstances, the general interests of justice requiring it to be destroyed in every instance; as no court is equal to the examination and ascertainment of the truth in much the greater number of cases.
| This section needs expansion. You can help by adding to it. (April 2010) |
Remove ads
See also
- Regal (Hastings) Ltd v Gulliver [1942] 1 All ER 378
- Holder v Holder [1968] Ch 353
Notes
References
Wikiwand - on
Seamless Wikipedia browsing. On steroids.
Remove ads