Flatman & Anor v Germany & Anor

Flatman & Anor v Germany & Anor

Limited disclosure is ordered regarding the Weddall letters and related instructions/funding issues, as these raise new and relevant allegations that may support a Section 51 application; however, general disclosure regarding CFAs and funding is refused as it is the subject of the substantive appeal.

Parties
Appellant: Flatman; Appellant: Weddall; Respondent: Germany; Respondent: Barchester Healthcare Limited; Intervener: Law Society
Jurisdiction
England and Wales
Judgment Date
16 May 2012
Procedural Posture
Civil Appeal / Interlocutory Application on Appeal
Outcome
applications to strike out or set aside refused; limited disclosure ordered; parties joined for costs purposes; Law Society joined as intervener; no order as to costs on withdrawn application
Legal Topics
Non Party Costs Orders, Conditional Fee Agreements, Solicitor Liability, Disclosure of Documents
Civil Procedure Costs Law Non Party Costs Orders Conditional Fee Agreements Solicitor Liability Disclosure of Documents

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Parties

Flatman

Appellant

Weddall

Appellant

Germany

Respondent

Barchester Healthcare Limited

Respondent

Law Society

Intervener

Procedural Posture

Civil Appeal / Interlocutory Application on Appeal

Legal Issues

  1. 1 Whether solicitors may be liable for non-party costs under Section 51 for funding disbursements
  2. 2 Whether disclosure should be ordered regarding instructions and indemnity/funding arrangements
  3. 3 Whether solicitors acted outside their authority or without instructions

Ratio Decidendi

Limited disclosure is ordered regarding the Weddall letters and related instructions/funding issues, as these raise new and relevant allegations that may support a Section 51 application; however, general disclosure regarding CFAs and funding is refused as it is the subject of the substantive appeal.

Court Disposition

applications to strike out or set aside refused; limited disclosure ordered; parties joined for costs purposes; Law Society joined as intervener; no order as to costs on withdrawn application

Orders

  • Limited disclosure of correspondence and documents relating to Mr Weddall's instructions and funding/indemnity issues within 14 days, subject to legal professional privilege
  • Firm and company of solicitors joined as parties for costs purposes only