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High Court permits the first defendant's solicitors to come off record in two "pathfinder" cases out of a total of 89 separate cases alleging professional misconduct on the part of a notary public regarding the execution of certain investment documents, in circumstances where the first defendant's insurer, which instructed the applicant, has now repudiated liability to indemnify him, on the ground that it cannot compel a solicitor to continue to act in these circumstances; and the court finds the insurer liable to discharge the plaintiff's costs from the date when it might reasonably have repudiated its contract of insurance with the first defendant.
Applications to come off record - Order 7, Rule 3(1) RSC - solicitor for first-named defendant in two sets of proceedings - alleged misconduct and professional negligence concerning manner of defendant's notarising of certain investment documents - two of 89 cases in which first-defendant is sued - appearances entered by applicants on behalf of defendant in all cases - certain 'pathfinder' cases by agreement - case progression - defendant's professional indemnity withdrawn - applicants' instructions subsequently withdrawn as a result - correspondence between parties - jurisdiction to join insurer - undertakings as to costs - forced liaison - costs of motion - whether opposing party entitled to its motion costs - whether a lack of special features - timing of applicants' indication of its loss of instructions - whether insurer provided a strong indication of its intention to participate in defence by correspondence - constructive knowledge - whether an onus on insurer - issue of indemnity live from the outset - insurer's investigation and state of knowledge of issue at material time - solicitor-client privilege - costs incurred by plaintiff - insurer liable for plaintiff's costs from date when it might reasonably have repudiated contract of insurance with defendant.
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