Hayes v Butters & Ors [2014] EWHC 4557 (Ch) (10 December 2014)

Hayes v Butters & Ors [2014] EWHC 4557 (Ch) (10 December 2014)

A claim for damages for harassment under the Protection from Harassment Act 1997 that straddles bankruptcy is split: pre-bankruptcy claims for financial loss vest in the trustee as hybrid claims, but post-bankruptcy acts causing new loss give rise to new causes of action vested in the bankrupt. Claims for injunction...

Source-derived case information.

Citation
[2014] EWHC 4557 (Ch)
Parties
Claimant: Timothy Hayes; Defendant: Graham Butters; Defendant: Carol Hayes; Defendant/trustee in Bankruptcy: Stephen Grant
Jurisdiction
England and Wales
Judgment Date
10 December 2014
Procedural Posture
Application to Strike Out / Preliminary Hearing Before High Court
Outcome
Application to strike out dismissed
Legal Topics
Protection From Harassment Act 1997, Hybrid Claims in Bankruptcy, Vesting of Causes of Action, Abuse of Process
Bankruptcy Civil Procedure Tort Protection From Harassment Act 1997 Hybrid Claims in Bankruptcy Vesting of Causes of Action Abuse of Process

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Parties

Timothy Hayes

Claimant

Graham Butters

Defendant

Carol Hayes

Defendant

Stephen Grant

Defendant/trustee in Bankruptcy

Procedural Posture

Application to Strike Out / Preliminary Hearing Before High Court

Legal Issues

  1. 1 Whether a claim for damages for harassment straddling bankruptcy vests in the trustee
  2. 2 Whether the claimant's claim is an abuse of process
  3. 3 Whether claims for injunction and general damages are personal or hybrid claims

Ratio Decidendi

A claim for damages for harassment under the Protection from Harassment Act 1997 that straddles bankruptcy is split: pre-bankruptcy claims for financial loss vest in the trustee as hybrid claims, but post-bankruptcy acts causing new loss give rise to new causes of action vested in the bankrupt. Claims for injunction and general damages for distress/anxiety are personal and remain with the bankrupt. It is not an abuse of process for the claimant to pursue claims for post-bankruptcy losses and personal remedies.

Court Disposition

Application to strike out dismissed

Orders

  • Claimant may pursue claims for injunction and general damages for distress/anxiety.
  • Claims for financial loss pre-bankruptcy vest in trustee; post-bankruptcy claims remain with claimant.