Effect of bankruptcy

Case 2: The facts

Arfan Khan pursued a number of claims against his former employer, security services company Trident Safeguards. Following a costs award made against him by a tribunal, Khan was declared bankrupt. The issue was whether this deprived him of the right to continue pursuing tribunal claims for monetary compensation.

The ruling

The Court of Appeal held that Khan’s claims were “hybrid”. If he limited the claims to a declaration and injury to feelings, he could pursue them – but claims for monetary compensation were vested in the official receiver, who alone could determine whether the claims could be advanced.

Khan v Trident Safeguards A1/2003/1136-1138