Pursuing court claim as undischarged bankrupt

[Helpme2019]

Hi,

Can somebody help me please?...

Is it correct that, as an undischarged bankrupt, I have to get permission from the Trustee to bring a claim against somebody for breach of contract and associated damages? If so, is it correct that if I fail to seek permission from the Trustee prior to bringing the claim, it is not something that can be remedied later (i.e. I cannot bring a claim and then get permission from the Trustee to continue with it)?

I would really appreciate it if somebody could direct me to the legislation that deals with this.

Thanks

[atticus]

Yes. Under s283 Insolvency Act 1986, on the making of a bankruptcy order, all property of the bankrupt vests in his Trustee in Bankruptcy. Property includes causes of action to bring claims. If you pursue a claim and win, the Trustee may claim the damages for the bankruptcy estate.

[Helpme2019]

Thanks Atticus...

So, if I have already brought a claim without seeking permission from the Trustee, and it comes to the Courts attention, it will be struck out as abuse of process presumably?

Thanks

[Helpme2019]

Hi

Just wondering if somebody can assist with my last query? Also, I believe that a claim for distress is treated differently and does not require permission from the Trustee. So, if a claim for breach of contract is struck out due to not having sought permission from the Trustee, would an application on appeal to amend the claim (adding a claim for distress) be likely to be successful and thereby save the claim?

Thanks