header-logo header-logo

At the court’s discretion: non-party costs orders

13 February 2019 / David O'Brien , Jenna Coad
Issue: 7828 / Categories: Features , Procedure & practice , Costs
printer mail-detail
Jenna Coad & David O’Brien reflect on lessons from Giambrone & the award of non-party costs orders in a discretionary jurisdiction
  • Giambrone emphasises the broad, fact-specific discretion conferred on the court in awarding non-party costs orders.

It is a well-documented fact that the court will only grant a non-party costs order (NPCO) in ‘exceptional’ circumstances. But what does exceptional really mean in the context of a discretionary jurisdiction, where the courts notoriously resist placing excessive reliance on case authorities as precedent?

The High Court’s recent decision in Various Claimants v Giambrone & Law (A Firm) & Ors, AIG (Europe) Limited [2019] EWHC 34 (QB) provides useful guidance for parties seeking NPCOs against indemnity insurers. It also reiterates a familiar message that there is no rulebook or checklist in the exercise of the court’s discretion in awarding a NPCO.

The court’s discretion

The jurisdiction to award a NPCO arises under s 51, Senior Courts Act 1981 (SCA 1981), which states that the costs of and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll