UK · EWHCCourt order
High Court voids assignment of £11 million claim to company part-owned by advising solicitors
The High Court of England and Wales ruled on October 27, 2026, that solicitors cannot avoid the common-law bar on acquiring clients' claims by transferring them to a company in which they hold shares. Master Sullivan held invalid the assignment of an £11 million loan claim to MSV Estates, whose directors had advised the original claimant, and said the rule applies before proceedings begin.
Order (ICLG) → · High Court (King's Bench Division)
Key points
- Hickman Construction Law directors Andrew Hickman and Anthony Page advised TD Capital and became directors and, on MSV's figures, about 11% shareholders of MSV.ICLGHigh Court (King's Bench Division)
- TD Capital transferred the loan claim against the estate of John Rhoden to MSV in December 2025.ICLGHigh Court (King's Bench Division)
- The rule traces to Hall v Hallet (1784) and aims to prevent conflicts between professional duties and personal financial interest.ICLGHigh Court (King's Bench Division)
- Master Sullivan accepted the argument that the rule would be hollow if solicitors could circumvent it by acting through a company.ICLGHigh Court (King's Bench Division)
- MSV has applied to add TD Capital as claimant; a further hearing will decide whether the case continues.ICLGHigh Court (King's Bench Division)
Sources2 articles across 2 outlets
High Court (King's Bench Division)
ICLG
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Court orderUKEWHCFinancial servicesLitigationProfessional responsibilityFor practitionersFor governance