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COSTS: Who paid the ferryman? Damned if you do, damned if you might have done

23 March 2012  

Mark Surguy assesses the impact of Germany v Flatman

The scope of the jurisdiction to make a non-party costs order under s51 Senior Courts Act 1981 has been developing over the last few years. A distinction has been drawn between so-called ‘pure funders’ who have no interest in the litigation and those who seek to control the course of litigation or fund it as a business activity. The competing public interest in funding being available to give access to justice and the public interest in a successful party being able to recover his costs may sometimes appear irreconcilable. Solicitors have always been exposed to the jurisdiction (for example wasted costs orders), but this case may be taking the jurisdiction a little too close for comfort.

Additional Info

  • Case(s) Referenced:

    Dymocks Franchise Systems Pty Ltd v Todd [2002] UKPC 50

    Germany v Flatman [2011] EWHC 2945 (QB)