A claim was made in respect of personal injuries sustained by a passenger when a tram ran out of control. The Company was in insolvent liquidation. A claim for the same amount for the same injuries could be made in contract or in tort.
Held: The unliquidated claim in contract was provable, but not the unliquidated claim in tort.
Citations:
(1934) 50 TLR 450
Jurisdiction:
England and Wales
Cited by:
Cited – In re T and N Ltd and Others, Re Insolvency Act 1986 ChD 14-Dec-2005
The court considered the case of Glenister and similar and said: ‘I accept the submission that these cases are not in point to the issue as regards future asbestos claims. There is no element of discretion as regards such claims. If the ingredients . .
Cited – In Re Berkeley Securities (Property) Ltd ChD 1980
Vinelott J considered the position where tort damages became liquidated by judgment or agreement during the winding-up. He held that in those circumstances the bankruptcy rules imported by section 317 required modification to fit into the scheme of . .
Lists of cited by and citing cases may be incomplete.
Insolvency, Personal Injury, Contract
Updated: 05 August 2022; Ref: scu.641426