Top litigators cleared of misleading court
Allegations dismissed
February 17, 1999 at 07:03 PM
2 minute read
Linklaters litigation partners Diana Good and Andrew Henshaw have been cleared of allegations of misleading the court.
In a judgment handed down on 11 February, the High Court dismissed the allegations in proceedings brought by Sphere Drake Insurance against the Orion Insurance Company.
Sphere Drake Insurance, represented by Clifford Chance, applied to set aside a judgment in previous proceedings between the parties on the grounds that it was obtained as a result of perjured evidence of a crucial witness.
The company alleged that various members of the Linklaters team representing Orion knew that the witness was lying and had therefore breached their duty not to mislead the court.
The Honourable Mr Justice Langley held that the witness had not committed perjury and said that even if it had been proven, Sphere Drake had "wholly failed" to establish any knowledge on the part of the legal advisers.
He added that in his judgment: "Each carried out their duties impeccably and there is nothing in the preparation for, or conduct of, the claim from beginning to end for which any of them or anyone else involved for Orion has any reason to reproach themselves."
It is not known at this stage whether Sphere Drake intends to appeal.
The case will come back to court on 26 February to consider the question of costs.
Peter Taylor at Lovell White Durrant is leading the team representing Orion. Counsel are Anthony Grabiner QC, Alan Griffiths, Lisa Lake and Daniel Jowell, all from 1 Essex Court.
Clifford Chance's David Cohen, acting for Sphere Drake, is instructing Brick Court Chambers' Jonathan Sumption QC and Mark Howard QC, and Essex Court's Gordon Pollock QC and Richard Jacobs QC.
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