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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 369: SOMETIMES LITIGATION IS MORE ART THAN SCIENCE: "BANKSY" ENTITLED TO INDEMNITY COSTS AFTER ACTION DISCONTINUED, BUT NOT A NON-PARTY COSTS ORDER

COST BITES 369: SOMETIMES LITIGATION IS MORE ART THAN SCIENCE: “BANKSY” ENTITLED TO INDEMNITY COSTS AFTER ACTION DISCONTINUED, BUT NOT A NON-PARTY COSTS ORDER

April 2, 2026 · by gexall · in Appeals, Civil Procedure, Conduct, Costs, Members Content

Here we have a case where the claimant discontinued. Discontinuance made the claimant liable to pay costs.  However in this case it was ordered to pay costs on the indemnity basis (from a key date).   The judge then considered the…

COST BITES 326: DEFENDANT SUCCESSFUL IN  OBTAINING A NON-PARTY COSTS ORDER: FARES FAIR IN THE BUS STATION CASE...

COST BITES 326: DEFENDANT SUCCESSFUL IN OBTAINING A NON-PARTY COSTS ORDER: FARES FAIR IN THE BUS STATION CASE…

January 13, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Members Content

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…

THIRD PARTY HAD FUNDED THE LITIGATION AND WAS LIABLE TO PAY THE DEFENDANT'S COSTS : A "CHILDISH AND INEFFECTUAL ATTEMPT" TO DECEIVE THE COURT DID NOT PASS MUSTER

THIRD PARTY HAD FUNDED THE LITIGATION AND WAS LIABLE TO PAY THE DEFENDANT’S COSTS : A “CHILDISH AND INEFFECTUAL ATTEMPT” TO DECEIVE THE COURT DID NOT PASS MUSTER

May 13, 2025 · by gexall · in Applications, Avoiding negligence claims, Conduct, Costs, Members Content

It is a well known principle that a third party funder can be liable to pay the costs of an action.  However what happens when the funding agreement is dressed up as something else – a car sale for instance? …

COST BITES 46: NON PARTY COSTS ORDER MADE AGAINST DIRECTOR OF INSOLVENT COMPANY

COST BITES 46: NON PARTY COSTS ORDER MADE AGAINST DIRECTOR OF INSOLVENT COMPANY

January 13, 2023 · by gexall · in Applications, Costs, Members Content

In  Asprey Capital Ltd v Rediresi Ltd & Anor (Re Non-Party Costs Order) [2023] EWHC 28 (Comm) Patricia Robertson KC (sitting as a Deputy High Court Judge) made a non-party costs order against a director of the defendant company. THE…

COST BITES 12: A DEFENDANT WHO IS NOT A PARTY TO AN APPEAL CAN STILL BE ORDERED TO PAY THE COSTS OF THAT APPEAL

COST BITES 12: A DEFENDANT WHO IS NOT A PARTY TO AN APPEAL CAN STILL BE ORDERED TO PAY THE COSTS OF THAT APPEAL

July 29, 2022 · by gexall · in Appeals, Costs, Members Content

In Turner & Ors v Thomas & Anor (Costs) [2022] EWHC 1944 (Ch) Mr Justice Zacaroli considered the appropriate principles to be applied as to costs when a defendant was not a party to an appeal made by a co-defendant….

NO COSTS ORDER AGAINST SOLICITORS OR COUNSEL WHO WERE ACTING ON A CONDITIONAL FEE BASIS

NO COSTS ORDER AGAINST SOLICITORS OR COUNSEL WHO WERE ACTING ON A CONDITIONAL FEE BASIS

August 9, 2019 · by gexall · in Access to justice, Applications, Conduct, Costs, Members Content, Wasted Costs

In  Willers v Joyce & Ors [2019] EWHC 2183 (Ch) Lady Justice Rose dismissed an application for costs against solicitors and counsel who had represented an unsuccessful party on a conditional fee basis. “… there is a strong public interest…

COSTS AGAINST NON-PARTIES: "FOR THE BENEFIT OF MR.... BAILEY"

COSTS AGAINST NON-PARTIES: “FOR THE BENEFIT OF MR…. BAILEY”

March 4, 2017 · by gexall · in Applications, Costs, Members Content

In Sony/ATV Music -v- WMPC Music (In liquidation) & Bailey [2017]EWHC389 (Ch) Mr Justice Arnold made an award against a non-party.  The judgment reviews the relevant law in detail. “It is therefore necessary to consider what difference it would have…

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  • COST BITES 385: THE COURTS SHOULD BE WARY OF DECIDING PRELIMINARY APPLICATIONS AND ISSUES ON A PROVISIONAL ASSESSMENT: THIS COULD UNDERMINE THE WHOLE PURPOSE OF THE REGIME

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