It is reasonably arguable that a liquidator or trustee in bankruptcy owes a duty of care to avoid pure economic loss to persons liable to make up a shortfall (such as persons subject to an equitable lien over trust assets) when exercising powers to realise assets. The existence of duties owed by a liquidator to the company, creditors and members does not of itself preclude such a duty; it will only be denied where irreconcilable with existing duties. The question whether such a duty exists on particular facts should generally be determined at trial, not on a strike-out application.
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