Wright Hassall Llp v Morris [2012] EWHC 188 (Ch) (09 February 2012)

Wright Hassall Llp v Morris [2012] EWHC 188 (Ch) (09 February 2012)

The previous order did not impose personal liability on Mr Morris but only on the estates of the two companies in administration, as the proceedings and contractual obligations were entered into by him as administrator and agent, and the parties proceeded on that basis before the trial judge.

Citation
[2012] EWHC 188 (Ch)
Parties
Applicant: Wright Hassall LLP; Respondent: Duncan Morris
Jurisdiction
England and Wales
Judgment Date
09 February 2012
Procedural Posture
Application for Relief in Insolvency Proceedings / Post Judgment Interpretation and Ancillary Relief
Outcome
Order interpreted as imposing liability only on the estates of the companies in administration, not on Mr Morris personally.
Legal Topics
Administrator Liability, Conditional Fee Agreements, Agency, Personal Vs Representative Liability
Insolvency Contract Administrator Liability Conditional Fee Agreements Agency Personal Vs Representative Liability

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Parties

Wright Hassall LLP

Applicant

Duncan Morris

Respondent

Procedural Posture

Application for Relief in Insolvency Proceedings / Post Judgment Interpretation and Ancillary Relief

Legal Issues

  1. 1 Whether the previous order imposed personal liability on Mr Morris or liability on the estates of the companies in administration
  2. 2 Interpretation of contractual obligations entered into by an administrator
  3. 3 Effect of naming conventions in court orders on liability

Ratio Decidendi

The previous order did not impose personal liability on Mr Morris but only on the estates of the two companies in administration, as the proceedings and contractual obligations were entered into by him as administrator and agent, and the parties proceeded on that basis before the trial judge.

Court Disposition

Order interpreted as imposing liability only on the estates of the companies in administration, not on Mr Morris personally.

Orders

  • Time for applying for permission to appeal extended until written reasons handed down.
  • Application for further relief adjourned for determination of priority within the estates.