John and Others v Price Waterhouse (A Firm) and Another
| Jurisdiction | England & Wales |
| Judgment Date | 12 July 2001 |
| Neutral Citation | [2001] EWHC 391 (Ch),[2001] EWHC 438 (Ch) |
| Date | 12 July 2001 |
| Court | Chancery Division |
CHANCERY DIVISION
Before Mr Justice Ferris.
Company - claim against auditor by company which appointed him - indemnity of auditor in successfully defending claim
The claim of a director or auditor of a company to an indemnity for all costs incurred by him in successfully defending a claim brought against him by the company by which he was appointed did not accrue until judgment in the proceedings brought against him was given in his favour.
Since the right to an indemnity had not been in issue in earlier proceedings it followed that the court could only award indemnity costs in favour of that director or auditor by reason of the right to an indemnity contained in Table A, scheduled to the Companies (Tables A to F) Regulations (SI 1985 No 805), where it was satisfied that there was no possible defence to a new, unpleaded claim.
The director or auditor nevertheless remained free to bring proceedings against the company claiming the difference...
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