Once the occasion for the exercise of a power to award costs against a third party has arisen, the court, in order to enable it to be fully and appropriately exercised, will investigate so as to establish the identity of a third party maintainer of the unsuccessful party, and the liability of that maintainer in respect of the successful party’s costs. The court has ancillary jurisdiction to make an order against a plaintiff requiring him to disclose whether there is a third party funder.
Judges:
McPherson J
Citations:
[1989] 2 All ER 751
Jurisdiction:
England and Wales
Cited by:
Explained – Abraham and Another v Thompson and Another CA 24-Jul-1997
The plaintiffs appealed an order that they should disclose who if any had funded their case. The case concerned failed business ventures in Portugal. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 05 December 2022; Ref: scu.183805
