Berntsen & Ors v Tait & Ors

Berntsen & Ors v Tait & Ors

The Points of Claim as pleaded do not meet the required standard for insolvency proceedings and improperly include claims for personal losses and professional negligence. The proceedings should be confined to claims as creditors or members under paragraphs 74 and 75 of Schedule B1. Claims for personal losses, future...

Source-derived case information.

Parties
Applicant: Innes Berntsen; Applicant: Christopher Richardson; Respondent: Matthew Tait; Respondent: Sarah Rayment
Jurisdiction
England and Wales
Judgment Date
01 February 2013
Procedural Posture
Insolvency Proceedings / Application to Strike Out or for Summary Judgment
Outcome
Application to strike out and for summary judgment allowed in part; proceedings confined to statutory claims; applicants to amend Points of Claim.
Legal Topics
Administration of Llps, Duties of Administrators, Summary Judgment, Strike Out Applications, Fiduciary Duties, Professional Negligence
Insolvency Law Company Law Administration of Llps Duties of Administrators Summary Judgment Strike Out Applications Fiduciary Duties Professional Negligence

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Parties

Innes Berntsen

Applicant

Christopher Richardson

Applicant

Matthew Tait

Respondent

Sarah Rayment

Respondent

Procedural Posture

Insolvency Proceedings / Application to Strike Out or for Summary Judgment

Legal Issues

  1. 1 Whether the Points of Claim disclose a legally recognisable claim under paragraphs 74 and 75 of Schedule B1 to the Insolvency Act 1986
  2. 2 Whether claims for personal losses and professional negligence can be pursued in these insolvency proceedings
  3. 3 Whether claims under paragraph 74 survive the transition from administration to liquidation

Ratio Decidendi

The Points of Claim as pleaded do not meet the required standard for insolvency proceedings and improperly include claims for personal losses and professional negligence. The proceedings should be confined to claims as creditors or members under paragraphs 74 and 75 of Schedule B1. Claims for personal losses, future profits, and professional negligence are struck out. The applicants are ordered to file Amended Points of Claim limited to proper statutory grounds.

Court Disposition

Application to strike out and for summary judgment allowed in part; proceedings confined to statutory claims; applicants to amend Points of Claim.

Orders

  • Applicants to file Amended Points of Claim within 28 days, omitting claims for personal losses, future profits, and professional negligence, and confining claims to paragraphs 74 and 75 of Schedule B1.