ABSTRACT
The fact that bankruptcy is still seen as a damaging status is reflected by the fact that a malicious initiation of bankruptcy is actionable, as is a failure by a solicitor or insolvency adviser to take reasonable steps to prevent a client from being bankrupted. Bankrupts will have their estates seized and sold with the proceeds divided amongst creditors. One crude form of invasion of privacy concerns the statutory right of a trustee under s. 371 to have the bankrupt's mail redirected and opened. Article 1 of the First Protocol to the European Convention on Human Rights prohibits unjustified interference with the peaceable enjoyment of property rights except in the public interest and under the conditions prescribed by the law. One of the most fundamental entitlements conferred by the European Convention on Human Rights is the right of access to the courts as created by Art 6.
