Mrs Kent and Mr Chapper were brother and sister. Their mother had brought proceedings against M&L and Mr Chapper in 1994 relating to a property transaction in 1979. In 2000, shortly after his mother's death, the claim against Mr Chapper was struck out because of her delays and non-compliance with directions.

In 2004 as executrix of their mother's estate, Mrs Kent sought to rejoin Mr Chapper as a party to the proceedings after further evidence emerged. Mr Chapper no longer had capacityand was represented by the Official Solicitor.

Russell-Cooke were instructed by the Official Solicitor to act for Mr Chapper in opposing the application to rejoin him to the proceedings.. The Judge dismissed the application finding that on the facts a fair trial would not be possible.