Robinson v Nichols (t/a Redman Nichols) [2002] EWCA Civ 262 (18 February 2002)

Robinson v Nichols (t/a Redman Nichols) [2002] EWCA Civ 262 (18 February 2002)

The claim was struck out because no pleaded facts, even if proved, could found an action in conversion, negligent advice, or wilful neglect against the liquidator, who owed no personal duty of care to the claimant.

Citation
[2002] EWCA Civ 262
Parties
Claimant/applicant: James Robinson; Defendant/respondent: Andrew Nichols (trading as Redman Nichols)
Jurisdiction
England and Wales
Judgment Date
18 February 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Application dismissed
Legal Topics
Liquidator's Duties, Conversion, Negligence, Strike Out Procedure
Insolvency Tort Liquidator's Duties Conversion Negligence Strike Out Procedure

Case Brief

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Parties

James Robinson

Claimant/applicant

Andrew Nichols (trading as Redman Nichols)

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the claim against the liquidator for conversion and negligence should be struck out
  2. 2 Whether the liquidator owed a personal duty of care to the claimant
  3. 3 Whether disputed factual issues required a trial

Ratio Decidendi

The claim was struck out because no pleaded facts, even if proved, could found an action in conversion, negligent advice, or wilful neglect against the liquidator, who owed no personal duty of care to the claimant.

Court Disposition

Application dismissed

Orders

  • Time for making the application extended
  • Permission to appeal refused