Litigation Letter
Awards Against Non-parties
Cormack v Washbourne (CA TLR 30 March)
The discretion to order a non-party to pay costs under s51 of the
Supreme Court Act 1981 should only be exercised in exceptional circumstances. Generally it would be unreasonable and unjust to award costs against
a defendant’s indemnity insurer of an amount which exceeded the financial limit of the indemnity.