Wright Hassall Llp v Morris

Wright Hassall Llp v Morris

The order made against Mr Morris as administrator did not impose personal liability on him but only on the estates of the two companies in administration, as the proceedings, pleadings, and conduct of the case all proceeded on that basis, and there was no judicial finding or common assumption of personal liability.

Parties
Applicant: Wright Hassall LLP; Respondent: Duncan Morris
Jurisdiction
England and Wales
Judgment Date
09 February 2012
Procedural Posture
Civil (costs/contract/administration) / Post Judgment Application for Clarification/relief
Outcome
Application for declaration of personal liability dismissed; clarification granted
Legal Topics
Administrator Liability, Conditional Fee Agreements, Agency, Costs Orders, Personal Vs Representative Capacity
Insolvency Contract Law Civil Procedure Administrator Liability Conditional Fee Agreements Agency Costs Orders Personal Vs Representative Capacity

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Parties

Wright Hassall LLP

Applicant

Duncan Morris

Respondent

Procedural Posture

Civil (costs/contract/administration) / Post Judgment Application for Clarification/relief

Legal Issues

  1. 1 Whether the order against Mr Morris as administrator imposed personal liability or liability only on the estates of the companies in administration
  2. 2 Whether the form of the order or the pleadings established personal liability for the administrator

Ratio Decidendi

The order made against Mr Morris as administrator did not impose personal liability on him but only on the estates of the two companies in administration, as the proceedings, pleadings, and conduct of the case all proceeded on that basis, and there was no judicial finding or common assumption of personal liability.

Court Disposition

Application for declaration of personal liability dismissed; clarification granted

Orders

  • Declaration that the order does not impose personal liability on Mr Morris but only on the estates of Market Balance Ltd and Phoenix Insurance Management Ltd in administration.
  • Further issues regarding priority within the estates to be dealt with at adjourned hearing.