header-logo header-logo

Liable to be liable?

17 May 2012 / Clare Arthurs
Issue: 7514 / Categories: Features
printer mail-detail

Clare Arthurs tackles insolvency practitioners & personal liability

Good news for insolvency practitioners (IPs); bad news for disgruntled creditors: the High Court has held that IPs will not be personally liable for the costs of litigation commenced against them.

Round one

In Wright Hassall LLP v Duncan Morris [2012] EWHC 188 (Ch), Morris became administrator of two companies, which were defendants in ongoing litigation (the companies). Wright Hassall LLP (WH) agreed to act, and two conditional fee agreements (CFAs) were entered into: one for the initial advice given, and one for conducting the litigation. The CFAs were addressed to “Mr D Morris, the Redfern Partnership” and (unlike many of the other documents drawn up by both Morris and WH) they did not contain any disclaimer for Morris’ personal liability.

WH issued a claim form for unpaid invoices in March 2009 against Morris and his partner, trading as Redfern Partnership (Redfern). Morris argued that he had retained WH in his capacity as administrator and not in a personal capacity. The contemporaneous correspondence supported

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll