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.
| Ex parte James | |
|---|---|
| Court | Court of Chancery |
| Full case name | Ex parte James or Re James |
| Decided | 9 April 1803 |
| Citation | (1803) 32 ER 385, (1803) 8 Ves 337 |
| Court membership | |
| Judge sitting | Lord Eldon LC |
| Keywords | |
| Conflict of interest | |
Facts
editA bankrupt's estate was purchased by a solicitor to the commission of the bankrupt.
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Judgment
editLord 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.
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See also
edit- Regal (Hastings) Ltd v Gulliver [1942] 1 All ER 378
- Holder v Holder [1968] Ch 353
Notes
editReferences
edit- TE Chan, 'Revisiting Ex Parte James' [2003] Singapore Journal of Legal Studies 557-582
- Copy of Judgment in the English Reports [1]
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