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Court of Appeal summarily dismisses claim for mismanagement by administrators (Berntsen v Tait)

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Published on: 15 October 2015

Published by a LexisNexis Dispute Resolution expert

Table of contents

Practical implications
Facts
Relevance of the Tomlinson Report
Why was summary judgment upheld by the Court of Appeal?
The rescue claim
The undervalue claim
The examination claim
The rescue claim
The undervalue claim
Court details

Article summary

Dispute Resolution analysis: The Court of Appeal has dismissed claims brought by members of a limited liability partnership (LLP) against the former administrators of the LLP, despite concerns raised by the members as to the relationship between the administrators and the lending bank and the alleged precipitous administration and sale at an undervalue of the LLP’s main asset to a party connected to the bank. The appellants had been given numerous opportunities to put forward their case and the court was satisfied the claims had no prospect of success and should be dismissed.

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