Costs: Sea of adversity

James Whitaker reflects on adverse costs orders ‘If the non-party not only funds, but also controls or stands to benefit from the proceedings, justice will ordinarily require that the non-party pays the successful party‘s costs if the funded party fails.‘ An adverse costs order is but one of the risks parties to litigation run. That …
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Cases Referenced

  • Aiden Shipping Co Ltd v Interbulk Ltd [1986] AC 965
  • Dymocks Franchise Systems (NSW) Pty Ltd v Todd & ors (Costs) [2004] UKPC 39
  • Montpelier Business Reorganisation Ltd v Armitage Jones LLP & ors [2017] EWHC 2273 (QB)