The long awaited and much anticipated judgment from the Court of Appeal has been provided in the matters of Flatman –v- Germany and Weddall v Barchester Health Care. Two unrelated matters where the Claimants lost their cases, both were advised under a CFA but had not taken out After the Event Insurance; the Claimants were impecunious and there were no prospects of the Defendants recovering their costs against the Claimants.
Both Defendants suggested that there was an arrangement/understanding where the Claimant solicitors “funded” the Claimants disbursements and should, therefore, be treated as a Funder liable for the Defendants’ costs; not so said the COA.
The Judgment also looks at what information should be provided by the Claimant’s solicitors with regard to how the matter was funded when questioned in such matters.
Worth a look too is the original decision against which the appeal arose: