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Lloyd's Shipping & Trade Law

Insurance

Floods of Queensferry Ltd v Shand Construction Ltd and Winward Fearon [2002] EWCA Civ 918, Court of Appeal, Dame Elizabeth Butler-Sloss, President, Lord Justice Buxton and Lady Justice Hale, 29 May 2002

Costs – Whether director of company should be ordered to pay costs of unsuccessful action brought by company – Whether company’s solicitors should be ordered to pay costs – Conditional fee agreement – Supreme Court Act 1981, s51 – Insurance (legal expenses) – Whether proceeds of policy assigned to claimants’ solicitors – Proceeds paid into court by insurers – Whether court had jurisdiction to order sums to be applied to meet costs award

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