Sinclair Roche set to fight ruling in shipping case

UNDER-SETTLED: City firm faces 3.2 million damages bill

City firm Sinclair Roche & Temperley is poised to appeal against a High Court judgment that could see it paying 3.2 million damages, plus costs.

The firm - which earlier this year began to merge with fellow City firm Stephenson Harwood - is on the hook after it was found to have under-settled a case on behalf of former shipping client Somatra.

Giving judgment against the firm, Mr Justice Morison found that former Sinclairs managing partner, Harvey Williams, lied to Somatra and that his assistant Joe Atkinson, now a shipping litigator with Stephenson Harwood, had given evidence 'at the expense of the truth'.

The judge held that Mr Williams deceived his client by instructing an expert witness without consulting the company.

Mr Williams was described in court as inattentive in client meetings where he variously: 'banged his fists on the table', fiddled with pencils and interrupted.

Mr Atkinson was held to have shielded his principal during the court case.

This was 'understandable, but not at the expense of the truth,' Mr Justice Morison said.

Stephenson Harwood partners will be ringfenced from any liability.

David Rutherford, a partner at City firm Ince & Co, which is acting for Sinclairs, said the firm is considering an appeal, and has until the beginning of October to decide.

Mr Rutherford would not be drawn on the precise grounds, but he said: 'The judge's conclusions were very unexpected in the light of the evidence before him.'

Herbert Smith partner John Ogilvie, who acted for Somatra, said: 'This judgment makes the important but obvious point that it is the client, rather than the lawyer, who is in the driving seat during litigation.'

Jeremy Fleming