19 March 2009
Truex v Toll [2009] EWHC 396 (Ch), [2009] All ER (D) 98 (Mar)
A claim for solicitors’ fees not yet judicially assessed or determined is not a claim for a liquidated sum which can be the subject of a bankruptcy petition under s 267 of the Insolvency Act 1986. The sum claimed becomes a liquidated sum once the fees have been assessed by the costs judge or determined in an action. Whether a sum is liquidated and whether there is a defence to the claim are separate issues, and the first must be determined before the second is addressed.
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