Palmer v The Estate of Kevin Palmer Deceased and others: CA 6 Feb 2008

The judge had concluded that the insurers’ conduct of an unsuccessful defence was sufficiently self-motivated to make it the real defendant in all but name, and the Court of Appeal dismissed the appeal against an order that it be liable in costs as a third party.


Lord Justice Rimer


[2008] EWCA Civ 46, [2008] Lloyd’s Rep IR 535




England and Wales


CitedTGA Chapman Limited; Benson Turner Limited v Christopher and Sun Alliance and London Insurance Plc CA 8-Jul-1997
A section 51 application was made because the cover was limited under the defendant’s liability policy and insufficient to pay all the damages, let alone any part of the costs, and the defendant was not worth powder and shot. Nonetheless the claim . .
Leave to appealPalmer v Palmer CA 18-May-2007
. .

Cited by:

CitedTravelers Insurance Company Ltd v XYZ SC 30-Oct-2019
Challenge to the making of a non-party costs order under section 51 of the Senior Courts Act 1981 against the product liability insurer of one of the defendants in litigation being managed under a Group Litigation Order (‘GLO’). Many of the . .
CitedHB v PB FD 9-Jul-2013
Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report . .
Lists of cited by and citing cases may be incomplete.


Updated: 05 May 2022; Ref: scu.264116