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ARIEL ZECKLER v ASSIGNED RISK POOL MANAGER CAPITA COMMERCIAL SERVICES LTD

The Solicitors Indemnity Insurance Rules 2009 r.10.3 could not be relied on to imply, in the absence of any express contractual term, that a partner in a solicitors’ practice, which operated as a limited liability partnership, was liable for the practice’s unpaid professional indemnity insurance premiums.

14 September 2012

ARIEL ZECKLER v ASSIGNED RISK POOL MANAGER CAPITA COMMERCIAL SERVICES LTD


Ch D – Nicholas Strauss QC


5 September 2012

The appellant (Z) appealed against a decision dismissing his application to set aside a statutory demand served on him by the respondent (R).

Z had been a partner in a solicitors’ practice which operated as a limited liability partnership. Z and his brother were the only two partners. R managed a scheme promoted by the Solicitors Regulation Authority which provided professional indemnity insurance to firms of solicitors. The statutory demand was based on unpaid premiums due from Z’s law firm in respect of the insurance arranged by R. There was no dispute as to the existence or the amount of the debt, but Z’s case was that as a limited partner he was ...

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