Can a trustee in bankruptcy seek an order for financial relief in divorce proceedings? The case of Robert v Woodall [2016] EWHC 538 (Ch) considered

In this article, Beverley Lambert a consultant lawyer at Scott-Moncrieff & Associates Ltd looks at the case of Robert v Woodall [2016] EWHC 538 (Ch). The key points arising from this article include:

  • When a person is adjudged bankrupt their estate automatically vests in their trustee in bankruptcy pursuant to s 283(1) of the Insolvency Act 1986 (IA 1986)
  • IA 1986, s 436 defines property to include, amongst other things, ‘money, goods and things in action’
  • A single claim with two or more heads of damage for both personal loss and non-personal loss is often referred to as a ‘hybrid claim’
  • The leading authority in relation to hybrid claims is Ord v Upton [2000] Ch 352 which states that if a single claim is classified as a hybrid claim the claim should vest in the trustee with any damages for personal loss to be held on trust for the bankrupt
  • IA 1986, s 284 states that any disposition in between the presentation of a bankruptcy petition and the making of a bankruptcy order will automatically be void unless ratified by the court

Click here to download the article.

CRI will be sharing two articles per month on-line only. They will be available on the Randi blog one month after publication in LexisLibrary.

Filed Under: CRI

Relevant Articles
Area of Interest