Costs and non-parties to litigation

by Practical Law Dispute Resolution (based on material originally contributed by Jeremy Morgan QC (now retired) formerly of 39 Essex Street (now 39 Essex Chambers)).

This practice note explains the basis of the jurisdiction to award costs of litigation against non-parties, procedural guidelines, and the effects of non-party costs orders. It examines key considerations for litigators, including the exceptional nature of these orders and the circumstances under which they may be granted. The note also provides insights into the implications for those supporting litigation financially, highlighting the risks of becoming a target for costs applications. Additionally, it touches upon the Threlfall jurisdiction regarding co-defendants and briefly addresses costs orders in favour of non-parties.