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19 April 2013
Issue: 7556 / Categories: Case law , Law reports , In Court
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Disclosure & inspection of documents—Disclosure against persons not parties to proceedings—Non-party in form but party in substance

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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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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