A trustee who considers the rate of amount of remuneration fixed to be insufficient or the basis fixed to be inappropriate, may apply to the court for an order increasing the rate or amount or changing the basis1. A trustee may make such an application where the trustee's remuneration has been fixed (1) by the committee and the trustee has requested that the amount be increased or the basis changed by decision of the creditors (by a decision procedure)2, but the creditors have not changed it; (2) by decision of the creditors (by a decision procedure); or (3) by
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An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
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This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.You should also consider if the proceedings will be
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