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GAVIN FLATMAN v GILL GERMANY : RICHARD WEDDALL v BARCHESTER HEALTH CARE LTD (2013)

The funding of disbursements in a personal injury action by a claimants solicitor did not render the solicitor a real party to the action, nor did it justify a conclusion that the solicitor had stepped outside his normal role. A judge had therefore been wrong to order for full disclosure of a claimants funding arrangements to enable the defendant to seek a costs order against the solicitor.

12 April 2013

[2013] EWCA Civ 278

CA (Civ Div) - Mummery LJ, Richards LJ, Leveson LJ

10 April 2013

In two joined cases the court was required to determine the circumstances in which disclosure of funding arrangements could be ordered against solicitors acting for a losing party in a personal injury action.

The claimants (W and F) had brought personal injury actions with the aid of conditional fee agreements (CFAs) but without after the event insurance. They were represented by the same firm of solicitors (GMS). Their claims failed but the defendants were unable to recover costs because the claimants were impecunious. The defendants believed that the disbursements had been paid by GMS and sought disclosure of funding arrangements so that they could make an application for a non-party costs order. Their application was allowed in Germany v Flatman [2011] EWHC 2945 (QB), [2012] 2 Costs L.R. 271. GMS appealed, but later disclosed documents in ...

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