DRO & Damages

realgonekid_2

Hi

I was looking on the DRO - Insolvency manual and was looking at whether it was possible to include damages (after having been sued) in a DRO

The manual states

"Any liability to pay damages for negligence, nuisance or breach of a statutory, contractual or
other duty, or to pay damages under Part 1 of the Consumer Protection Act 1987 in respect
of the death of personal injury to anybody"

Now if the claim for damages isnt for any of the above examples does this mean the debt can be included,

Non of the organisations seem to be able to give a firm answer on this when i have given them the details.

Craig1981

what was the damages for? surely will fall under "other duty", if doesnt match up to anything else

realgonekid_2

Craig i would rather not say on here TBH but i was sued in the county court a few months ago and lost, but the way does not fit into what i was sued for and the claimant having having been awarded damages,

I did not breach a statutory, contractual or other duty as the damages and compensation were awarded for my actions

I found the same applies to bankruptcy and looked in the insolvency manual and there is no further information on it

Craig1981

appreciate the reasons why you are unable to say, it is understandable


however wont be able to assist otherwise.


Have you tried called the Insolvency Service directly to see if they can better advise?

realgonekid_2

Spoken to the IS helpline - He stated that

damages - special - financial loss - included - could be included,
general damages - compensation for suffering and pain (which he seemed to class as "nuisance"- not included

But couldn't give any further guidance on this

I then rang the official receivers office and stated they couldn't give advice, drop them an email and see what they say, it may be the case it would have to be looked at by the official receiver and that the case may have to go before a judge on a point of law, but that is was such a technical question i may need to get legal advice

Craig1981

realgonekid wrote: »

Spoken to the IS helpline - He stated that

damages - special - financial loss - included - could be included,
general damages - compensation for suffering and pain (which he seemed to class as "nuisance"- not included

But couldn't give any further guidance on this

I then rang the official receivers office and stated they couldn't give advice, drop them an email and see what they say, it may be the case it would have to be looked at by the official receiver and that the case may have to go before a judge on a point of law, but that is was such a technical question i may need to get legal advice

good luck...

realgonekid_2

They have said

I can confirm if an award is made against you in respect of personal injury (mental or physical), the debt would not be released on discharge. This means the debt would still remain outstanding and would still be required to be paid

So I think that's a bit clearer,but still not a definitive answer