COST BITES 326: DEFENDANT SUCCESSFUL IN OBTAINING A NON-PARTY COSTS ORDER: FARES FAIR IN THE BUS STATION CASE…
This judgment today is an interesting illustration of the fact that those providing support to a party can find themselves the subject of a non-party costs order. In this case the claimant company was in liquidation. The respondents to the…
APPLICATION FOR NON-PARTY COSTS ORDER DISMISSED: THIS TIGER HAD NO TEETH…
There have been a number of cases relating to non-party costs orders. The claimant’s application for such an order failed in Paper Mache Tiger Ltd v Lee Mathews Workroom PTY Ltd [2023] EWHC 338 (Comm). John Kimbell KC, sitting as…
INSURER NOT LIABLE TO PAY CLAIMANTS’ COSTS: TRAVELERS INSURANCE DECISION OVERTURNED BY THE SUPREME COURT
In the judgment today in Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 the Supreme Court held that the insurer was not liable to pay the costs of those claimants who had proceeded (unknowingly) against uninsured defendants. This is…
NON-PARTY COSTS ORDER AGAINST INSURER: UNTANGLING THE WEB
In Various Claimants v Giambrone & Law (a firm) & Ors [2019] EWHC 34 (QB) a non-party costs order was made against the defendant insurers. It provides a (fairly complex) example of a court determining a non-party order. This “summary procedure”…
COSTS AGAINST NON-PARTIES: COSTS ORDER NOT MADE AGAINST DIRECTOR
When is it appropriate to make an order against a director personally? This issue was considered in Housemaker Services Ltd -v- Cole [2017] EWHC 924 (Ch) by HHJ Paul Mattews (sitting as a High Court Judge). The judge declined to…
COSTS AGAINST NON-PARTIES: NOTHING LOST IN TRANSLATION: THE CAPITA CASE CONSIDERED
The decision today of Sir James Munby In the Matter of Capita Translation and Interpreting Limited [2015] EWFC 5 reiterates the principles of costs against third parties. The judgment contains a detailed review of the law relating to cost liability…
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