The claimant had ben made bankrupt. The defendant argued that his claim vested in the trustee.
Held: A discrimination claim was hybrid in nature rather than purely personal, and so it vested in the trustee. However the real issue was the actual claim made. In this case the claimant could seek only the personal elements for damages to injured feelings. If the claim was so limited, it would cease to be a hybrid claim, and he would have the right to bring the action.
Judges:
The Hon Mrs Justice Arden Dbe Lord Justice Buxton Lord Justice Wall
Citations:
[2004] EWCA Civ 624, Times 28-May-2004
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Ord v Upton CA 7-Jan-2000
A bankrupt labourer (aged 30) after the bankruptcy order issued a writ against a doctor who had treated him for back pain before the bankruptcy order, claiming damages for negligence, including damages for pain and suffering as well as damages for . .
Cited – Mulkerrins v Pricewaterhouse Coopers HL 31-Jul-2003
The claimant sought damages from her former accountants for failing to protect her from bankruptcy. The receiver had unnecessarily caused great difficulties in making their claim that such an action vested in them. The defendants had subsequently, . .
See Also – Khan v Trident Safeguards Ltd and others EAT 6-Nov-2000
. .
See Also – Khan v Trident Safeguards Ltd and others EAT 22-Oct-2001
. .
Cited – Khan v Trident Safeguards Ltd and others EAT 24-Jun-2002
. .
See Also – Khan v Trident Safeguards Ltd EAT 15-Jan-2003
. .
See Also – Khan v Trident Safeguard Ltd, North British Housing; Noke Rodgers EAT 25-Feb-2003
EAT Insolvency
EAT Insolvency – (no sub-topic) . .
Cited by:
See Also – Khan v Trident Safeguards Limited, Shaw, King, Wright, Harman EAT 6-May-2005
EAT Race Discrimination – Direct – Victimisation. . .
Lists of cited by and citing cases may be incomplete.
Employment, Insolvency, Discrimination
Updated: 10 June 2022; Ref: scu.197050
