Germany v Flatman

Germany v Flatman

The trial judge misdirected himself by setting too high a threshold for disclosure and overestimating the impact on the CFA regime. Where there are reasonable grounds to suspect a solicitor has acted as a funder beyond the ordinary role, disclosure may be ordered to enable consideration of a third party costs application. The appeals are allowed and the orders for disclosure are granted, subject to privilege.

Parties
Appellant/defendant: Gill Germany; Respondent/claimant: Gavin Flatman; Appellant/defendant: Barchester Healthcare Limited; Respondent/claimant: Richard Weddall
Jurisdiction
England and Wales
Judgment Date
10 November 2011
Procedural Posture
Civil Appeal (personal Injury) / Appeal From Trial Court Ruling on Disclosure Orders Regarding Funding Arrangements
Outcome
Appeals allowed
Legal Topics
Third Party Costs Orders, Conditional Fee Agreements (cfa), Disclosure of Funding Arrangements, Solicitor Liability for Costs
Civil Procedure Costs Personal Injury Third Party Costs Orders Conditional Fee Agreements (cfa) Disclosure of Funding Arrangements Solicitor Liability for Costs

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Parties

Gill Germany

Appellant/defendant

Gavin Flatman

Respondent/claimant

Barchester Healthcare Limited

Appellant/defendant

Richard Weddall

Respondent/claimant

Procedural Posture

Civil Appeal (personal Injury) / Appeal From Trial Court Ruling on Disclosure Orders Regarding Funding Arrangements

Legal Issues

  1. 1 Whether the trial judge erred in refusing disclosure of funding arrangements to enable potential third party costs applications against solicitors
  2. 2 Whether the threshold for ordering disclosure was set too high
  3. 3 Whether public policy or the CFA regime precludes such disclosure orders

Ratio Decidendi

The trial judge misdirected himself by setting too high a threshold for disclosure and overestimating the impact on the CFA regime. Where there are reasonable grounds to suspect a solicitor has acted as a funder beyond the ordinary role, disclosure may be ordered to enable consideration of a third party costs application. The appeals are allowed and the orders for disclosure are granted, subject to privilege.

Court Disposition

Appeals allowed

Orders

  • Orders for disclosure of documents and/or information regarding funding arrangements granted, subject to legal professional privilege
  • Costs order below to be reconsidered as appropriate between parties