Tim Trotman recently acted for a discharged Bankrupt who thereafter started a Clinical Negligence action. The issue was abuse of process and the exact state of mind of the Claimant when he commenced his civil claim. This appears to be a developing area where the burden of proof plays a crucial role e.g. cf Munday v Hilburn  EWHC 4496. The Claimant obtained a short stay during which he had an opportunity to regularise his position with the Insolvency Service.