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Company Law Reform Bill [HL]

My Lords, can the Minister enlighten me on one point? Suppose that an auditor is invited to take on an audit at short notice in an emergency—let us say, because the previous auditor has walked out—and he says, ““I am prepared to do this only with a liability limitation agreement””. The company says, ““We quite understand that””, and gives him the agreement. He must start work immediately, because time is pressing. When it gets to the general meeting, the motion is not passed, so he says, ““I will give up””. If he is sued in respect of negligence in that intervening period because of the work that he has or has not done, is he to be deprived of the benefit of the agreement, which is the only basis on which he entered into the work?