Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Appointment definition

What does Appointment mean? In legal practice, an appointment is the contract by which a client/employer engages a professional consultant (for example an architect, engineer, quantity surveyor or project manager) and sets the services, fee basis and allocation of risk. The term is descriptive and used across multiple contexts; it is not generally defined by legislation, though particular regulations refer to specific appointments (for example, construction safety roles). An appointment may be executed as a deed or as a simple contract, including by a letter of appointment. In England & Wales, Northern Ireland and Ireland this distinction affects limitation (typically around 12 years...

Minimising administrators’ personal liability: agency, appointment defects and contractual exclusions under the Insolvency Act 1986

Published by a LexisNexis Restructuring & Insolvency expert

Practice notes

Practice Note

This Practice Note explores key issues for administrators concerning their personal liability and outlines steps they may take to reduce their exposure. From a commercial perspective, this is a matter of real importance for office-holders. In this context, commercial realities matter greatly. Such considerations remain central for these office-holders in practice. They have no duty to accept any given Appointment. On accepting office, they do so to perform work for fair Remuneration and, though they acknowledge the demands of their professional work, they are not in the business of guaranteeing an insolvent company’s Liabilities or assuming personal risk. This Practice Note does not address the extent of an office-holder’s liability for breach of duty (for example, the duty to exercise reasonable skill and care in the performance of their functions, Re Charnley Davies Limited (No 2)) or liability under paragraphs 74 and 75 of Schedule B1 to the Insolvency Act 1986 (IA 1986) ...

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Carolyn Jones

Carolyn was in practice as a solicitor from 1992 until 2017, in which time she achieved a substantial reputation as an insolvency expert, advising clearing banks and a wide range of other stakeholders on all aspects of insolvency, both corporate and personal. As a partner and business owner she led the successful insolvency team at Matthew Arnold & Baldwin LLP for a number of years. She is now focussing on her career as a mediator but continues her academic work and remains closely connected to the insolvency world. She is a long-standing member of its trade association, R3.Author of:Liquidators disclaiming contracts containing overageGuide to insolvency in the retail sector...

Web page updated on 21/05/2026

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