Flatman v Germany [2013] EWCA Civ 278 (10 April 2013)

Flatman v Germany [2013] EWCA Civ 278 (10 April 2013)

Payment of disbursements by solicitors under a CFA, without more, does not make them liable to third party costs orders; however, where evidence suggests solicitors controlled litigation contrary to client instructions or stood to benefit, disclosure of funding arrangements may be justified.

Citation
[2013] EWCA Civ 278
Parties
Appellant: Gavin Flatman; Respondent: Gill Germany; Appellant: Richard Weddall; Respondent: Barchester Health Care Limited; Third Party/solicitor: Godfrey Morgan Solicitors Ltd trading as GMS Law; Intervener: Law Society
Jurisdiction
England and Wales
Judgment Date
10 April 2013
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court and County Court
Outcome
Appeals dismissed
Legal Topics
Third Party Costs Orders, Conditional Fee Agreements (cfa), After the Event (ate) Insurance, Disclosure of Funding Arrangements, Solicitor's Liability for Costs
Civil Procedure Costs Law Personal Injury Third Party Costs Orders Conditional Fee Agreements (cfa) After the Event (ate) Insurance Disclosure of Funding Arrangements Solicitor's Liability for Costs

Case Brief

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Parties

Gavin Flatman

Appellant

Gill Germany

Respondent

Richard Weddall

Appellant

Barchester Health Care Limited

Respondent

Godfrey Morgan Solicitors Ltd trading as GMS Law

Third Party/solicitor

Law Society

Intervener

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court and County Court

Legal Issues

  1. 1 Whether solicitors funding disbursements under a CFA without ATE insurance are liable to third party costs orders
  2. 2 Whether disclosure of funding arrangements should be ordered against solicitors in such cases

Ratio Decidendi

Payment of disbursements by solicitors under a CFA, without more, does not make them liable to third party costs orders; however, where evidence suggests solicitors controlled litigation contrary to client instructions or stood to benefit, disclosure of funding arrangements may be justified.

Court Disposition

Appeals dismissed

Orders

  • Disclosure of funding arrangements ordered in both Flatman and Weddall cases, subject to privilege.
  • Parties to exchange and lodge skeleton arguments on costs within 14 days, with 7 days to respond.