Tackie & Anor v Morrison

Tackie & Anor v Morrison

The appeal is dismissed because the present joint liquidators had expressly assumed responsibility for all costs, including those incurred by their predecessor, under a valid retainer agreement. The costs order was made in their favour after their substitution as applicants, and there was no breach of the indemnity principle. Therefore, all assessed costs are properly recoverable by the joint liquidators.

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
Civil Appeal (costs Assessment in Insolvency Proceedings) / Judgment on Appeal From Detailed Assessment of Costs
Outcome
appeal dismissed
Legal Topics
Costs Assessment, Liquidator Substitution, Indemnity Principle, Retrospective Retainer, Assignment of Costs, Civil Restraint Orders
Insolvency Law Civil Procedure Costs Assessment Liquidator Substitution Indemnity Principle Retrospective Retainer Assignment of Costs Civil Restraint Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Francesca Tackie

Applicant/respondent to Appeal

Paul Barber

Applicant/respondent to Appeal

George Morrison

Respondent/appellant

Procedural Posture

Civil Appeal (costs Assessment in Insolvency Proceedings) / Judgment on Appeal From Detailed Assessment of Costs

Legal Issues

  1. 1 Whether current liquidators can recover costs incurred by their predecessor
  2. 2 Whether the indemnity principle prevents recovery of predecessor's costs
  3. 3 Whether there was proper authority or assignment for recovery of predecessor's costs

Ratio Decidendi

The appeal is dismissed because the present joint liquidators had expressly assumed responsibility for all costs, including those incurred by their predecessor, under a valid retainer agreement. The costs order was made in their favour after their substitution as applicants, and there was no breach of the indemnity principle. Therefore, all assessed costs are properly recoverable by the joint liquidators.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Court records that the appeal was totally without merit