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Disclosure & inspection of documents—Disclosure against persons not parties to proceedings—Non-party in form but party in substance

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19 April 2013
Issue: 7556 / Categories: Case law , Law reports , In Court
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Flatman v Germany; Weddall v Barchester Health Care Ltd (Law Society intervening) [2013] EWCA Civ 278, [2013] All ER (D) 41 (Apr)

Court of Appeal, Civil Division, Lord Justice Mummery, Lord Justice Richards & Lord Justice Leveson, 10 Apr 2013

Payment of disbursements does not, without more, incur any potential liability to an adverse costs order.

James Carpenter (instructed by Godfrey Morgan Solicitors Ltd) for the solicitors. Simon J Brown & Richard Sage (instructed by Plexus Law) for the defendants. David Holland QC (instructed by the Law Society) for the interveners.

Two appeals were before the court arising from two unconnected personal injury actions. The same solicitors acted for the claimants in both proceedings. In the first action, the claimant (F) instructed the solicitors under a conditional fee agreement (CFA) but without after-the-event insurance cover (ATE cover). The claim was unsuccessful and the defendant’s insurers sought their costs, which F was unable to meet. Disbursements

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