header-logo header-logo

12 October 2012
Issue: 7533 / Categories: Case law , Law reports , In Court
printer mail-detail

Costs—Payment of costs by non-party—Solicitor

Tinseltime Ltd v Roberts and others [2012] EWHC 2628 (TCC), [2012] All ER (D) 19 (Oct)

Queen’s Bench Division, Technology and Construction Court (Manchester District Registry), Judge Stephen Davies sitting as a Judge of the High Court, 28 Sep 2012

The High Court has considered principles under which a solicitor may be liable as a non-party funder of proceedings under s 51(3) of the Senior Courts Act 1981 (SCA 1981) and/or CPR 48.

Richard Coplin (instructed by GHP Legal) for the defendants. Simon Wilton (instructed by Berrymans Lace Mawer LLP) for the solicitor.

The claimant company commenced proceedings against the defendants for negligence and nuisance (the substantive proceedings). It instructed the respondent solicitor under a conditional fee agreement (CFA). The solicitor advised the claimant’s sole director and shareholder (the director) about after the event insurance (ATE) but the director was not interested due to the company’s difficult financial position. Following a preliminary issue ([2011] All ER (D) 76 (Jun)) the court ordered the claims against the first and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll