Tinseltime Ltd v Roberts and others [2012] EWHC 2628 (TCC), [2012] All ER (D) 19 (Oct)
Queen’s Bench Division, Technology and Construction Court (Manchester District Registry), Judge Stephen Davies sitting as a Judge of the High Court, 28 Sep 2012
The High Court has considered principles under which a solicitor may be liable as a non-party funder of proceedings under s 51(3) of the Senior Courts Act 1981 (SCA 1981) and/or CPR 48.
Richard Coplin (instructed by GHP Legal) for the defendants. Simon Wilton (instructed by Berrymans Lace Mawer LLP) for the solicitor.
The claimant company commenced proceedings against the defendants for negligence and nuisance (the substantive proceedings). It instructed the respondent solicitor under a conditional fee agreement (CFA). The solicitor advised the claimant’s sole director and shareholder (the director) about after the event insurance (ATE) but the director was not interested due to the company’s difficult financial position. Following a preliminary issue ([2011] All ER (D) 76 (Jun)) the court ordered the claims against the first and second defendants to be dismissed if the claimant failed
