Source: All England Reporter
Publisher Citation: [2002] All ER (D) 354 (Jul)
Court: Court of Appeal, Civil Division

Peter Gibson, Aldous and Tuckey LJJ

Representation Stafford Campbell (instructed by DKLL Solicitors) for the claimant.
  Robert Leonard (instructed by Engleharts, Hove) for the defendant.
Judgment Dates: 13 March 2002


Costs - Order for costs - Payment of costs by non-party - Circumstances in which non-party may be ordered to pay costs of proceedings - Proceedings being issued against claimant - Claimant applying for costs of proceedings to be paid by non-party - Judge refusing to order costs to be paid by non-party on grounds of commercial logic of proceedings - Whether judge correct.

The Case

A judge had been entitled to take into account the commercial logic of proceedings taken against a claimant when considering whether to order the costs of those proceedings to be paid by a non-party.

Practice Areas

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