[2025] EWHC 2316 (Ch)

Fecha: 10-Sep-2025

The application of clause 13.2.4 of the Terms

(d)

The application of clause 13.2.4 of the Terms

140.

There is one final matter that is not strictly within the scope of what I have been asked to determine, but which I think has been affected by what I have determined, and on which I feel I should say something.

141.

This relates to the application of clause 13.2.4 of the Terms, which provides as follows:

“The extent to which any loss or damage will be recoverable by you from us will also be limited so as to be in proportion to our contribution to the overall fault for such loss or damage, taking into account any contributory negligence by you and any negligence by your other advisers and/or third-party responsible to you and/or liable in respect of such loss or damage.”

142.

As I have been not asked to deal with this, and have not received any substantive submissions from either side in relation to this clause, I make no determination about how this clause may apply in relation to this action. However, without making any determination, I think I can point out that:

there is a logic to the proposition that the arguments that I have accepted as to why the liability of liquidators cannot be limited would apply equally to any proposed application of this provision to the Former Liquidators; and

ii)

there is equally a logic to the proposition that the arguments that I have accepted as to why other Begbies Defendants may nevertheless be protected by a clause limiting liability would also apply equally to any proposed application of this provision to the other Begbies Defendants who may come within its scope.

143.

The points made in the previous paragraph should be regarded as obiter dicta and will not be binding on a future judge considering this case. However, I hope they will offer a useful starting place for thinking about these issues.