THARROS SHIPPING COMPANY LTD DEN NORSKE BANK PLC V BIAS SHIPPING LTD BULK SHIPPING AG BULK OIL AG QBCMF 95/0186/B

(1997) 6 Re LR 191

Court of Appeal

Before Lady Justice Butler-Sloss, Lord Justice Phillips and Sir John Balcombe

Costs - Non-party - P&I Club - Judgment obtained by shipowner against demise charterer - Shipowner bringing action for costs against charterers P&I club - Whether judge correctly ruled that order under Supreme Court Act 1981 sect 51 that non-party pay costs should not be made - Whether club had contractual obligation to indemnify charterer in respect of charterers liability to shipowner - Whether, in supporting charterers claim of fraud, but denying any liability for shipowners costs, club was unlawfully maintaining litigation and should not be permitted to evade liability - Whether non-party who funded unsuccessful litigation should, as matter of general principle, be liable to pay costs of successful party.