Source: All England Reporter
Publisher Citation: [2016] All ER (D) 04 (Dec)
Neutral Citation: [2016] EWHC 2986 (Ch)
Court: Chancery Division, Liverpool District Registry
Judge:

Judge Behrens sitting as a Judge of the High Court in Leeds

Representation Christopher Brockman (instructed by Gorvins LLP) for the claimant.
  Mark Cawson QC (instructed by hml Keeble Hawson LLP) for the defendants.
Judgment Dates: 25 November 2016

Catchwords

Company - Liquidator - Breach of duty - Indemnification of liquidator - Claimant insolvency practitioner acting as liquidator of company with another, W - Claimant and W being removed and replaced as liquidators - New liquidators alleging misfeasance and breach of duty against claimant and W - Claimant's employment with insolvency practitioners being terminated - Claimant seeking to rely on settlement agreement that employer to indemnify him in respect of costs and awards of any proceedings against him in specific circumstances - Whether claimant should be indemnified.

The Case

Company Liquidator. The Chancery Division dismissed the claimant insolvency practitioner's claim for an indemnity arising out of a partnership agreement. The court held that, on the true construction of the agreement, the partners of the firm in which the claimant worked were not bound to indemnify him in respect of the costs and expenses and-or any award made regarding an allegation that he and another had been guilty of misfeasance and-or in breach of fiduciary duty.

Practice Areas

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