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14 August 2008 / Alex Dumbrell
Issue: 7334 / Categories: Features , Procedure & practice
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Non-party costs orders

Alex Dumbrell considers the implications of Oriakhel v Vickers

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

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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