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THE DEFENDANTS’ CASE THAT IT IS POSSIBLE FOR LIQUIDATORS TO LIMIT THEIR LIABILITY
THE DEFENDANTS’ CASE THAT IT IS POSSIBLE FOR LIQUIDATORS TO LIMIT THEIR LIABILITY
In this section I will consider the arguments made on behalf of the Defendants that it is possible for liquidators to limit their liability by reference to the different strands that I have recognised in relation to the Claimants’ arguments.
- 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