Dal-Sterling Group Plc v WSP South & West Ltd & Anor [2001] EWCA Civ 1826 (14 November 2001)

Dal-Sterling Group Plc v WSP South & West Ltd & Anor [2001] EWCA Civ 1826 (14 November 2001)

There is an arguable point that the 1997 agreement could be champertous as it provides an incentive for DSG to distort the counterclaim, and the distinction drawn by the judge below is not necessarily persuasive.

Citation
[2001] EWCA Civ 1826
Parties
Claimant/respondent: Dal-Sterling Group PLC; Defendant/applicant: WSP South & West Limited; Defendant/applicant: Kenchington Ford PLC
Jurisdiction
England and Wales
Judgment Date
14 November 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Champerty, Maintenance, Contingency Fees, Claims Consultancy
Contract Law Civil Procedure Champerty Maintenance Contingency Fees Claims Consultancy

Case Brief

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Parties

Dal-Sterling Group PLC

Claimant/respondent

WSP South & West Limited

Defendant/applicant

Kenchington Ford PLC

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the 1997 agreement between WSP and DSG was champertous and therefore unenforceable

Ratio Decidendi

There is an arguable point that the 1997 agreement could be champertous as it provides an incentive for DSG to distort the counterclaim, and the distinction drawn by the judge below is not necessarily persuasive.

Court Disposition

Permission to appeal granted

Orders

  • Application allowed
  • Appeal to be heard before a three judge court with a time estimate of one day