Costs

The Court of Appeal dismissed an appeal against a non-party costs order made pursuant to s 51 of the Senior Courts Act 1981. The judge had not erred in finding that the appellant was bound by the findings of fact made in the main action. Further, on the facts, there had been no unfairness to the appellant in the fact that he had not been warned earlier that such an order might be sought in circumstances where he had participated in, and funded the defence of, the proceedings and where he had had an opportunity to contest the findings.