Ex-Elton John lawyers win out in negligence claim

EVERSHEDS: former Frere Cholmely partners at popster's firm

The partners of former City law firm Frere Cholmely Bishoff - now part of Eversheds - breathed a sigh of relief last week after the Court of Appeal rejected Sir Elton John's effort to continue a negligence action against PriceWaterhouse-Coopers (PwC), which had joined Freres as a defendant.

Sir Elton - advised by Eversheds - sued PwC for alleged breach of duty in connection with a management company in a dispute over who should pick up expenses incurred on tours.

PwC joined Frere Cholmeley as a third-party (part 20) defendant, as an insurance policy in case Sir Elton won the appeal, on the basis that if they were in breach, so were Sir Elton's former lawyers.

But Sir Elton failed to show that the management agreement was drafted in the way his case claimed.

The case might have proved a Pyrrhic victory for Eversheds.

If he had won, and PwC had shown Frere Cholmeley was also liable, those involved would almost certainly have included those who joined Eversheds when it swallowed up the bulk of Frere Cholmeley in 1998, including Frank Presland, who acted for Sir Elton then and is now his manager.

Mr Presland said there had been no conflict of interest in Eversheds acting for Sir Elton, because he had not sued Freres.

He said the possibility of a conflict had been considered and rejected at the time.

Ince & Co acted for Freres.

Jeremy Fleming