Flatman v Germany; Weddall v Barchester. Simon J Brown and Richard Sage appear on behalf of the successful Defendants
The Court of Appeal has handed down judgment in the cases of Flatman v Germany and Weddall v Barchester  EWCA Civ 278. The appeals concerned the court’s jurisdiction to make third party costs orders against solicitors under s. 51 of the Senior Courts Act 1981. The Court of Appeal judgment provides important guidance on when solicitors for unsuccessful parties are required to give disclosure of the funding arrangements in place. The Court of Appeal also considered whether solicitors who fund disbursements pursuant to a CFA may be liable to a non-party costs order. The Court of Appeal held that the material available to it justified an order for disclosure in each of the cases being appealed.