Section 49

The bankruptcy of the plaintiff in any action in the county court which the trustee might maintain for the benefit of the creditors shall not cause the action to abate if, within such reasonable time as the court orders, the trustee elects to continue the action and to give security for the costs of the action. The hearing of the action may be adjourned until such an election is made. Where the trustee does not elect to continue the action and to give such security as is mentioned in subsection (1) within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the action.

← 2 · All articles · 1 →

Source: legislation.gov.uk · retrieved 2026-08-15