No entitlement on the part of Liquidators to assessment of Legal Fees agreed by Administrators and incurred during prior Administration.

http://www.bailii.org/ew/cases/EWCA/Civ/2016/474.html
The Court of Appeal has found that where a firm of solicitors provides legal services to a company in administration, and the firm and the administrators agree the amount of their fees, subsequently appointed liquidators of the company cannot ask the Companies Court to assess those costs, either under Rule 7.34 of the Insolvency Rules 1986 (as they were at the time) or under the inherent jurisdiction of the court, even where the agreement took place after the administration had terminated.

If the liquidators do not agree with the fees that have been paid, the only remedy is to bring misfeasance proceedings against the administrators.

Whilst this decision is based on the old Insolvency Rules and is not directly applicable to administrations commencing after 6th April 2010, insolvency practitioners should take care to ensure that legal fees are vetted properly before they are agreed.
Client receives £23k refund from former solicitors
SRA warns Solicitors against Charging Clients for ...

Related Posts

 

Comments

No comments made yet. Be the first to submit a comment
Already Registered? Login Here
Guest
Monday, 01 March 2021

Captcha Image

By accepting you will be accessing a service provided by a third-party external to https://www.checkmylegalfees.com/