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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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