Ince & Co has been added to a list of respondents, which already includes Weil Gotshal & Manges, because of insurance advice given in relation to two key tranches of film finance litigation
The firm was originally instructed by Lexington Insurance Co to advise on its insurance contracts for two slates of films comprising six movies and several television programmes.
Channel Islands incorporated company Law Debenture Trust and Hollywood Realisations Trust, which had both bought insurance, entered into a legal dispute with Lexington in February 2001, accusing the insurer of refusing to pay money it owed, and also of non-disclosure and breach of warranty. Weil Gotshal and broker Jardine Lloyd Thompson Risk Solutions were also brought in as respondents around this time.
The trial on Lexington's liability is set down for 20 weeks from the end of April. The allegations against the firm relate to transactional opinions on the validity and enforceability of Lexington insurance contracts.
If the insurer fails, the claimants will proceed with their actions against the brokers and lawyers. Ince & Co's lawyers, Reynolds Porter Chamberlain, with counsel Adam Fenton and Gavin Geary, both of 7 King's Bench Walk, will wait to apply to strike out of the action until after completion of the April trial. The decision to split the trial into two phases was made in November.
For Weil Gotshal, Lovells is instructing Anthony Boswood QC, Richard Handyside and Ed Levey of Fountain Court. For Lexington, Denton Wilde Sapte is using David Railton QC, Marcus Smith and Paul Sinclair, also of Fountain Court.