Kirkpatrick pursued by Al Fayed for £8m payout

Kirkpatrick & Lockhart Nicholson Graham will once again find itself in court over advising Harrods owner Mohamed Al Fayed in connection with the acquisition of Fulham FC.

Kendall Freeman scored the right to appeal on quantum for Fulham Leisure Holdings after Kirkpatrick managed to avoid paying millions in damages because Mr Justice Mann found that Fulham had failed to establish that it had suffered any loss because of the advice given by legacy firm Nicholson Graham & Jones in 1997.

Mann J did award Fulham legal costs after finding Kirkpatrick negligent, but Laurence Harris, managing partner of Kendall Freeman, is claiming that it should also receive damages in the region of £8m.

Fulham claims that it has to pay out £7.75m to minority shareholders to buy out their stakes in the club.

The club alleged that it was forced to make the payments because of the advice given by Nicholson Graham partner Richard Talbot.

Lady Justice Arden granted permission to appeal on the grounds that the losses suffered may not have been too remote.

The hearing, laid down for the autumn, may turn out to have a cross appeal, as Mayer Brown Rowe & Maw (MBRM) – acting for Kirkpatrick – is likely to seek permission to appeal on liability.

Kendall Freeman has instructed Ian Croxford QC of Wilberforce Chambers along with Mark Cannon of Four New Square.

MBRM has instructed Roger Stewart QC and Hugh Evans, also of Four New Square.