Tim Dutton QC appeared on behalf of Impact Funding Solutions Limited, a company which provides funds to claimants seeking compensation for industrial disease caused by their working environment.
The Court of Appeal allowed Impact’s appeal against a decision of HHJ Waksman QC (sitting as a High Court Judge) and permitted the company to recover unpaid loans made by Impact to cover disbursements from the insurers (AIG Europe Insurance UK Ltd) of the solicitors under the Minimum Terms and Conditions of Insurance on the basis that the losses arose from the solicitors’ negligence in private practice (the insured risk) and did not arise from a contract or arrangement for the supply of services in the course of the solicitors’ practice.
This appears to be the first occasion in which the recovery of funding from the insurers of solicitors has been dealt with in the Court of Appeal. Permission to appeal was refused by that Court. The decision is reported at [2015] EWCA Civ 31.
