In this application, the defendant insurers sought leave to have two sets of solicitors and counsel on the record in the proceeding. A principal submission run by the defendants was that the plaintiffs had brought multiple insurance claims prior to the proceedings having been filed (which claims were then reflected in the statement of claim), and the defendants had already incurred significant costs by engaging separate solicitors and counsel to advise in respect of distinct claims, which costs would be wasted.
In the result, Bowskill J declined to grant leave for separate representation, finding that it was not in the interests of justice to do so.
Michael Trim appeared for the first to ninth defendants, instructed by Wotton & Kearney.
Bianca Kabel (with P Dunning QC) appeared for the plaintiffs, instructed by Clayton Utz.
The judgment is published here.
