Pl Claim Vested in Trustee

Ord v Upton (CA [2000] 1 All ER 193)

Where a bankrupt brought an action in negligence for personal injuries, the claim was a single cause of action for a hybrid claim, in part personal and in part relating to property. As such the action vested in the trustee in bankruptcy under s306 of the Insolvency Act 1986. The damages awarded for past and future earnings formed part of the bankrupt’s estate for the benefit of the creditors, but the trustee held the damages for pain and suffering on a constructive trust for the bankrupt.