COST BITES 446 : SHOULD THE COURT HAVE MADE A NON-PARTY COSTS ORDER? SHOULD THE APPELLANT HAVE BEEN CROSS-EXAMINED AND WAS THE COURT BOUND TO ACCEPT HIS EVIDENCE?
This is a case about non-party costs orders that has some unusual elements. Firstly an argument that since the appellant was not cross-examined the court was bound to accept his assertions that he had no direct financial interest in the…
“SO OPENS ANOTHER CHAPTER IN THE CONTINUING WAR AGAINST OF FORENSIC ATTRITION BETWEEN MOTOR INSURERS AND CREDIT HIRE COMPANIES”: HIGH COURT JUDGE UPHOLD DECISION TO MAKE A NON-PARTY COSTS ORDER AGAINST CAR HIRE COMPANY
I am grateful to barrister Stephen Bailey for drawing my attention to the judgment of Mr Justice Turner in Kindertons Ltd v Murtagh & Anor [2024] EWHC 471 (KB). The judge upheld the decision to make a non-party costs order…
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…
“FOR THOSE WHO BELIEVE THAT MOST CIVIL LITIGATION DOES NOT END UP BEING ABOUT THE COSTS… LOOK AWAY NOW”: COURT OF APPEAL ON NON-PARTY COSTS ORDERS
In Goknur Gida Maddeleri Enerji Imalet Ithalat Ihracat Ticaret Ve Sanayi AS v Aytacli [2021] EWCA Civ 1037 the Court of Appeal upheld a judge’s decision not to make a non-party order against a director of a litigant company. The…
THE DANGERS OF APPLYING FOR NON-PARTY COSTS ORDERS: THE APPLICANT HAS TO PAY THE PRICE: COURT OF APPEAL DECISION TODAY
In the judgment today in Deepchand & Anor v Sooben [2020] EWCA Civ 1409 the Court of Appeal overturned a decision that there be no order for costs when a party made an unsuccessful application for a non-party costs order. …
COSTS AGAINST A NON-PARTY: THE PRINCIPLES CONSIDERED AND APPLIED
I am grateful to Colm Nugent for sending me a copy of the decision of Veronique Buehrlen Q.C in Rubiera -v- Building & Handyman Group Ltd (13th December 2019). It relates to a non-part costs order being made against a…
NON-PARTY COSTS ORDER MADE AGAINST CAR HIRE FIRM: ANOTHER SKIRMISH IN A FORENSIC WAR
The opening words of Mr Justice Turner’s judgment in Select Car Rentals (North West) Limited -v- Esure Services Limited [2017] EWHC 1434 (QB) contain an undeniable truth. The judge was upholding a decision to award costs against a car hire…
JOINDER OF A PARTY FOR COSTS, INDEMNITY COSTS & COMMENTS ON COSTS OUTSIDE THE COSTS BUDGET: EXCELERATE TECHNOLOGY ROUND 2
We looked earlier at the observations on costs in giving judgment in Excelerate Technology Ltd -v- Cumberbatch [2015] EWHC B1 Mercantile. A supplementary judgment on the costs issues is now available. It contains the rationale for the matters discussed in the…
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