Bankrupt had no status

Pickthall v Hill Dickinson LLP and another [2009] EWCA Civ 543, [2009] All ER (D) 235 (Jun)

The claimant required an assignment of his cause of action from his trustee in bankruptcy so as to have the status to make a claim. Nevertheless he issued a claim form before any assignment because the claim became statute barred on the day following issue. The claim was struck out as an abuse of process and the claimant was not entitled to amend to rely on the assignment which had been effected post-issue.