Non-party costs orders—others who they can be made against

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Non-party costs orders—others who they can be made against
  • Expert witnesses
  • Timing of making an application for an NCPO
  • Is there a requirement for a warning?
  • Can the cross-examination of the witness be used in the subsequent NCPO application?
  • Examples where an order has been made
  • Group companies
  • Insurers
  • First instance and Court of Appeal decision in the Traveler litigation
  • Cases that pre- date the Supreme Court decision in the Traveler litigation
  • More...

Non-party costs orders—others who they can be made against

This Practice Note explains who a non-party costs order (NPCO) may be made against. The Practice Note covers expert witnesses, insurers, litigants in person, liquidators, political parties, successful tenderers in public procurement disputes and trade unions. More detailed Practice Notes are available in relation to solicitors, directors and funders. The following Practice Notes may also be of interest:

  1. Non-party costs orders—application

  2. Non-party costs orders—guidelines

  3. Non-party costs orders—company directors and shareholders

  4. Non-party costs orders—funders

  5. Non-party costs orders—solicitors

The court has a discretion under section 51 of the Senior Courts Act 1981 (SCA 1981) as to what order to make in relation to the costs of and incidental to proceedings in the civil Court of Appeal, the High Court and the County Court. This is subject only to the additional provisions within SCA 1981, s 51, any other enactment or the CPR. For general guidance in relation to NPCOs, see Practice Notes: Non-party costs orders—guidelines and Non-party costs orders—application.

Expert witnesses

An expert is required by the CPR to act in a certain way, unlike other types of potential non-parties. An expert has clearly defined duties to the court that they need to comply with and the expert is required to provide a statement that they understand their duty to the court and that it has been complied with it. For

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