| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 136 (May) |
| Neutral Citation: | [2012] EWHC 1258 (Ch) |
| Court: | Chancery Division |
| Judge: | Hildyard J |
| Representation | Nicholas Davidson QC and Sian Mirchandani (instructed by Ward Hadaway) for the claimant. |
| Michael Harvey QC and Lloyd Tamlyn (instructed by Simmons & Simmons LLP) for the defendant. | |
| Judgment Dates: | 14 May 2012 |
Catchwords
Company - Receiver - Administrative receiver - Claimant company suffering losses from fire - Claimant's insurance policies repudiated - Claimant owing considerable sums to bank - Defendant appointed solicitors to administrative receivers of claimant - Claimant claiming against defendant for professional negligence - Defendant applying for summary judgment to strike out claim - Whether sufficient relationship between parties in contract and/or tort to justify continuation of claim - Whether real prospect of success in claim - CPR 3.4, 24.
The Case
Company Receiver. The Chancery Division allowed the defendant's application for summary judgment in a claim involving professional negligence brought by the claimant company following an administrative receivership, where on the evidence the claimant had no realistic prospect of establishing a duty of care between the parties in either contract or tort.
Practice Areas
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