Tann v Herrington [2009] EWHC 445 (Ch) (10 March 2009)

Tann v Herrington [2009] EWHC 445 (Ch) (10 March 2009)

Mr Herrington owed a duty of reasonable care and skill in administering insurance matters; his failure to notify insurers of the claim constituted culpable negligence. Therefore, he cannot recover a share of the professional negligence liability and associated costs from Mr Tann.

Citation
[2009] EWHC 445 (Ch)
Parties
Claimant: Philip Tann; Defendant: Clive James Herrington
Jurisdiction
England and Wales
Judgment Date
10 March 2009
Procedural Posture
Partnership Dispute / Trial Judgment
Outcome
Judgment for claimant
Legal Topics
Dissolution of Partnership, Retirement of Partner, Indemnity for Partnership Liabilities, Duty of Care Between Partners, Professional Indemnity Insurance
Partnership Law Professional Negligence Dissolution of Partnership Retirement of Partner Indemnity for Partnership Liabilities Duty of Care Between Partners Professional Indemnity Insurance

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Parties

Philip Tann

Claimant

Clive James Herrington

Defendant

Procedural Posture

Partnership Dispute / Trial Judgment

Legal Issues

  1. 1 Whether the partnership was dissolved or claimant retired and on what terms
  2. 2 Whether liability for professional negligence is a partnership liability or personal to the defendant due to failure to notify insurers

Ratio Decidendi

Mr Herrington owed a duty of reasonable care and skill in administering insurance matters; his failure to notify insurers of the claim constituted culpable negligence. Therefore, he cannot recover a share of the professional negligence liability and associated costs from Mr Tann.

Court Disposition

Judgment for claimant

Orders

  • Final account and distribution of assets to be drawn up pursuant to clause 16 of the Partnership Agreement, with agreed variations.
  • Mr Herrington not entitled to recover from Mr Tann any share of the professional negligence liability or associated legal costs.