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    [2025] EWHC 2316 (Ch)
    Chancery Division of the High Court

    [2025] EWHC 2316 (Ch)

    Fecha: 10-Sep-2025

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    • Heading
    • Introduction Can liquidators or their firms dealing with a members’ voluntary liquidation limit their liability? This question is at the heart of the matter that has been argued before me in a two-day trial of a p
    • BACKGROUND
    • THE CLAIMANTS’ CASE THAT IT IS IMPOSSIBLE FOR LIQUIDATORS TO LIMIT THEIR LIABILITY
    • The argument that the statutory regime does not provide for, and therefore excludes limitations of liability
    • The argument based on a statutory trust
    • The argument based on ousting the powers of the court
    • Further arguments
    • THE DEFENDANTS’ CASE THAT IT IS POSSIBLE FOR LIQUIDATORS TO LIMIT THEIR LIABILITY
    • The argument that the statutory regime does not provide for, and therefore excludes limitations of liability
    • The argument based on a statutory trust
    • The argument based on ousting the powers of the court
    • The Defendants’ answer to the Claimants’ further arguments
    • WOULD ANY POWER TO LIMIT LIQUIDATORS’ BE FOR ONLY FOR SHAREHOLDERS TO EXERCISE?
    • DO THE LOES AND TERMS HAVE EFFECT AFTER THE APPOINTMENT OF THE LIQUIDATORS?
    • The arguments relating to construction
    • The possibility of limiting vicarious liability
    • Can BTG Advisory can benefit from the limitations of liability?
    • The application of clause 13.2.4 of the Terms
    • Conclusions

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