The issue raised on this appeal is the liability for costs arising out of litigation concerning the supply of defective implants for use in breast surgery, which had been manufactured by PIP. The claims were made in group litigation under a Group Litigation Order.
Held: The judge went too far in her conclusion that the uninsured claims had nothing whatsoever to do with the insured claims, because the same common issues arose in both, and Travelers were obliged under the policies (and the general law) to fund the defence of Transform’s position in relation to those common issues in all four test cases. They were, if anything, even more powerfully affected by the asymmetry or lack of reciprocity as between the uninsured claimants and Travelers in relation to costs risk.
The judge had been ‘entirely correct’ to treat the question as depending upon the twin issues of exceptionality and justice, rather than upon any particular principles applicable to non-party costs orders against insurers.
Patten, Lewison LJJ
 EWCA Civ 1099
England and Wales
Appeal From – XYZ v Travelers Insurance Company Ltd QBD 24-Feb-2017
Application for an order under section 51 Senior Courts Act 1981 that Travelers Insurance Company Ltd pay to the applicants the costs they incurred in their successful claims against Transform Medical Group (CS) Limited (in Administration) for . .
Appeal from – Travelers 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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 May 2022; Ref: scu.616337