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17 May 2012 / Clare Arthurs
Issue: 7514 / Categories: Features
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Liable to be liable?

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

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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