Judge Coulson reviewed the authorities on causation in relation to third party costs orders and said: ‘Plainly, in a Section 51 application, what matters is whether the funding provided by the non-party caused the applicant to incur costs which he would not otherwise have incurred. That must be the relevant test on causation . . If the Section 51 applicant would have incurred the relevant costs in any event, whether the funded party was funded by the non-party or not, then it would be wrong in principle to make a Section 51 order.’
Judges:
Peter Coulson QC
Citations:
[2007] EWHC 626 (TCC), [2007] BPIR 367, [2007] BLR 241, [2008] 1 All ER 601
Links:
Cited by:
Cited – Media Cat Ltd v Adams and Others PCC 18-Apr-2011
The claimants had begun copyright infringement cases. Having been refused a request to be allowed to withdraw the cases as an abuse, their solicitors now faced an application for a wasted costs order.
Held: The court only has jurisdiction to . .
Lists of cited by and citing cases may be incomplete.
Costs
Updated: 10 July 2022; Ref: scu.250461