Tackie & Anor v Morrison [2015] EWHC 3980 (Ch) (22 September 2015)

Tackie & Anor v Morrison [2015] EWHC 3980 (Ch) (22 September 2015)

The substituted liquidators had assumed responsibility for all costs, including those incurred by their predecessor, under a valid retainer agreement; the costs order was expressly made in their favour, and there was no breach of the indemnity principle. Therefore, all costs are properly recoverable by the current liquidators.

Citation
[2015] EWHC 3980 (Ch)
Parties
Applicant/respondent to Appeal: Francesca Tackie; Applicant/respondent to Appeal: Paul Barber; Respondent/appellant: George Morrison
Jurisdiction
England and Wales
Judgment Date
22 September 2015
Procedural Posture
Appeal / Judgment on Appeal Against Costs Assessment in Insolvency Proceedings
Outcome
appeal dismissed
Legal Topics
Costs Assessment, Liquidator Substitution, Indemnity Principle, Retrospective Retainer, Civil Restraint Orders
Insolvency Civil Procedure Costs Assessment Liquidator Substitution Indemnity Principle Retrospective Retainer Civil Restraint Orders

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Parties

Francesca Tackie

Applicant/respondent to Appeal

Paul Barber

Applicant/respondent to Appeal

George Morrison

Respondent/appellant

Procedural Posture

Appeal / Judgment on Appeal Against Costs Assessment in Insolvency Proceedings

Legal Issues

  1. 1 Whether substituted liquidators can recover costs incurred by their predecessor
  2. 2 Whether the indemnity principle prevents recovery of predecessor's costs
  3. 3 Whether costs order was properly made in favour of current liquidators

Ratio Decidendi

The substituted liquidators had assumed responsibility for all costs, including those incurred by their predecessor, under a valid retainer agreement; the costs order was expressly made in their favour, and there was no breach of the indemnity principle. Therefore, all costs are properly recoverable by the current liquidators.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed
  • court records appeal as totally without merit