City firm Druces & Attlee will not appeal the High Court decision earlier this month that it should pay £1.8 million to one of the two co-founders of the Eden Project in Cornwall, it emerged this week.

Jonathan Ball was awarded the money for breach of retainer by the firm, which acted on the project but failed, according to Mr Justice Nelson, to advise Mr Ball on his personal position and on how he could benefit financially.


Mr Ball, advised by US firm McDermott Will & Emery, is no longer involved in the Eden Project, which houses thousands of tropical plants in two giant conservatories.


Druces, a 15-partner firm represented by City-based Reynolds Porter Chamberlain, initially denied that it acted for Mr Ball in any capacity, but later amended this to argue it had not been retained to advise on his personal position.


The judge found that the desire for personal gain was clearly implied in the paperwork and that the firm - whose work was led by partners Richard Monkcom and Toby Stroh - had been retained accordingly.


Druces & Attlee was also found in breach of fiduciary duty and to have acted in a clear conflict of interest by advising the Eden Trust over litigation begun by Mr Ball. However, the judge made no further damages award resulting from the equitable claims 'as the claimant has already been fully compensated in the main action'.


Mr Ball had submitted that his lost chance should be valued at between £2.2 million and £10.7 million. Druces partner Philip Mitchell said the firm was not considering an appeal and that the award was covered by insurance.


'We are saddened that the case had to come to the High Court in the first place and saddened by the judgment,' he said, adding that the firm 'remains extremely proud' of its role in creating the Eden Project.


The firm is looking at its system of retainers but is not otherwise reviewing its procedures, he said. 'This was an exceptional case and an exceptional outcome.'