Davies v Eli Lilley and Co: CA 1987

The court upheld an order made by Hirst J in the Opren litigation to the effect that the 1500 plaintiffs should contribute rateably to the costs incurred by the legally aided lead plaintiff in a test action. Order 62 Rule 3(3) was concerned with the manner in which, and not the time at which, the court’s discretion as to costs should be exercised, and that there was nothing in the language of the rule to prohibit the exercise of the discretion at an earlier stage than the conclusion of the proceedings where the interests of justice so required.

Judges:

Lloyd LJ, Sir John Donaldson MR

Citations:

[1987] 1 WLR 1136

Jurisdiction:

England and Wales

Cited by:

CitedCorner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry CA 1-Mar-2005
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the . .
Lists of cited by and citing cases may be incomplete.

Costs

Updated: 19 August 2022; Ref: scu.223256