Funder NorthWall Capital may be liable for costs in the dispute between PGMBM (formerly Pogust Goodhead) and Bailey Glasser International (BGI) over the £36bn Mariana Dam litigation.
The detail comes in a sealed court order, issued today (16 October) and dated Monday (12 October).
In court on Monday, Mr Justice Waksman ruled in favour of PGMBM, finding that the client committee in the Mariana litigation did not have the authority to terminate PGMBM’s retainer on behalf of the claimant group or instruct BGI in its place, stating: ‘I resolve all questions in this trial in favour of Pogust Goodhead and against the committee.’
In the sealed order, the court has granted the application to join NorthWall Capital to the claim for costs purposes only, and directed PGMBM ‘to serve a copy of this order’ on the funder ‘forthwith,’ with NorthWall’s potential liability for costs to be determined at a future hearing.
The court has also ordered an interim payment of £300,000 towards PGMBM’s legal costs within 14 days, and denied the defendants permission to appeal.
Legal Business understands that NorthWall had been providing funding to the BGI team on the Mariana case, which included ousted Pogust Goodhead founder Tom Goodhead.
Commenting on the order, PGMBM CEO Alicia Alinia said: ‘Mr Justice Waksman’s order provides further clarity for our clients and confirms what he made clear earlier this week: PGMBM remains the solicitor representing hundreds of thousands of Mariana claimants.
‘Our clients are not commodities to be transferred between law firms. They are individuals and communities who have waited almost eleven years for justice, and their interests must come before competing commercial ambitions.’
She added: ‘Most importantly, the litigation timetable remains on track. With the next Case Management Conference due later this month and the Stage 2 trial scheduled for April 2027, the focus must now return to securing justice and compensation for the victims of this disaster.’
PGMBM remains the solicitor on record, and will take the case forward to the quantum stage next April alongside Quinn Emanuel partners Justin Michaelson and Richard East, the latter of whom joined the team last month as the dispute with BGI heated up.
North Wall declined to comment. The client committee had not responded by time of publication.
