Viscount v Pitman [2014] 1 JLR 325 (12 March 2014)

A defamation claim is of a peculiarly personal nature and does not vest in the Viscount upon a declaration of desastre; it remains with the debtor to pursue outside the bankruptcy estate.

Citation: [2014] 1 JLR 325
Parties: Applicant: Viscount; Respondent: Pitman
Jurisdiction: Jersey
Judgment Date: 12 March 2014
Procedural Posture: Bankruptcy/desastre / Judgment
Outcome: defamation claim remains with debtor
Legal Topics: Property Available for Distribution, Defamation Claim, Customary Law Exceptions

Bankruptcy Tort Property Available for Distribution Defamation Claim Customary Law Exceptions

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Parties

Viscount

Applicant

Pitman

Respondent

Procedural Posture

Bankruptcy/desastre / Judgment

Legal Issues

1 Whether a defamation claim remains vested in the debtor or passes to the Viscount on a declaration of desastre

Ratio Decidendi

A defamation claim is of a peculiarly personal nature and does not vest in the Viscount upon a declaration of desastre; it remains with the debtor to pursue outside the bankruptcy estate.

Court Disposition

defamation claim remains with debtor