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02 October 2008
Issue: 7339 / Categories: Case law , Law digest
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Costs

Dolphin Quays Development Ltd v Mills [2008] EWCA Civ 385, [2008] 4 All ER 58

In the vast majority of cases, it would be unjust to make an award of costs against a person who is not a party to the proceedings. Consequently, an order for the payment of costs by a non-party will always be exceptional, but “exceptional” in this context means no more than outside the ordinary run of cases where parties pursue or defend claims for their own benefit and at their own expense.

The ultimate question in any such exceptional case is whether or not it is just to make the order. Injustice might be caused where litigation is conducted by a receiver on behalf of an insolvent company for the benefit of secured creditors; therefore, in appropriate cases, a non-party costs order against a receiver or against the secured creditor may be made, especially where the non-party is the “real party”. 

A costs order against receivers will be made more readily where the company is in liquidation and the receiver’s agency has terminated, or where the successful party has not been able to obtain security for costs. Impropriety or unreasonableness is also a factor in the exercise of the discretion.

Issue: 7339 / Categories: Case law , Law digest
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MOVERS & SHAKERS

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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