Flatman v Germany; Weddall V Barchester Health Care Ltd [2013] EWCA Civ 278

On 10 April 2013 the Court of Appeal handed down judgment in Flatman V Germany; Weddall v Barchester Health Care Ltd [2013] EWCA  Civ 278.  The solicitors had acted under a CFA and the Claimant had not taken out ATE insurance.  The judgment addresses the potential liability of solicitors for a non-party costs order if they fund disbursements.  The Court agreed with the issue in principle that was advanced by the Claimant and the Law Society that "payment of disbursements without more, does not incur any potential liability to an adverse costs order."  Therefore solicitors who fund disbursements cannot for that reason alone be ordered to pay costs.

In the case of Acres v Royal Devon Exeter NHS Foundation Trust [2013] EWHC 652 (QB) the Court held that it was reasonable for a Devon-based Claimant who had developed repetitive strain injury to instruct Central London solicitors.  The specific factors outlined in the leading case of Wraith v Sheffield Forgemasters Ltd [1997] EWCA Civ 2285 were accepted.  The Claimntn was a member of the Society of Radiographers and it was considered reasonable for the Claimant to turn to her professional association's usual and preferred solicitors. It is important to note however that the Court made a point to conclude that "the outcome in this case is no carte blanche for the instruction of Central London Solicitors".