Non-party costs orders

Non-party costs orders

The court has a discretion to make a costs order against a non-party, and such orders are often sought in circumstances when the losing party is unable to meet its costs liability. Such orders are exceptional, however this means no more than outside the ordinary run of cases. A non-party will normally need to have some connection with the claim to be made the subject of an order for costs.

The recent Court of Appeal case of Oriakhel v Vickers is a reminder to practitioners of the importance of giving a non-party early notice of any plans to apply for a costs order against him. Notice should be given in a way that is non-threatening and non-aggressive. Where allegations are made against the non-party at trial, consider joining the non-party as a party to the original proceedings to give him the opportunity to defend himself.

Facts of Oriakhel v Vickers

Mr Oriakhel brought a road accident claim against Mr Vickers. Mr Khan