| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 224 (May) |
| Neutral Citation: | [2012] EWHC 910 (Ch) |
| Court: | Chancery Division |
| Judge: | Bernard Livesey QC (sitting as a deputy judge of the High Court) |
| Representation | Kevin Pettican (instructed via public access) for the claimant. |
| Marcia Shekerdemian (instructed by Isadore Goldman) for the defendants. | |
| Judgment Dates: | 4 April 2012 |
Catchwords
Company - Winding up - Liquidator - Claimant ex-solicitor having carried out work for company - Y having borrowed from company - Y defaulting and fleeing jurisdiction - Claimant obtaining freezing injunction against Y - Claimant struck off roll of solicitors after giving unenforceable undertakings to Y's creditors - Y's creditors claiming against claimant and company - Deed being made between company, claimant and creditors - Company going into liquidation - Whether claimant entitled to prove in liquidation of company as contingent creditor by reason of indemnity rights under deed.
The Case
Company Winding up. The Chancery Division held that, on the true construction of a deed, the claimant would be entitled to a declaration that, at the date of the liquidation, he had a contingent claim against a company, for whom the defendants were the liquidators, and for which the claimant had carried out work.
Practice Areas
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