- Court of Appeal endorses the making of an NPCO against an insurer
- Original news
- What is the background to this decision?
- What submissions did the insurers make on the appeal?
- What prior authorities on non-party costs orders did the Court of Appeal consider?
- What did the Court of Appeal rule on SCA 1981, s 51?
- What did the Court of Appeal rule on the policy interpretation?
- What practical points can you bring out from the facts of this case as to why an NPCO was granted?
- Are there any wider implications in the judgment for those seeking or resisting NPCOs?
- Any final thoughts on this case now it is finished?
- Do the claimants feel they have got justice? What has surprised them the most about this case? With the benefit of hindsight would they have done anything differently?
Dispute Resolution analysis: In what circumstances can a court make a non-party costs order (NPCO) against an insurer under section 51 of the Senior Courts Act 1981 (SCA 1981)? David Bowden, freelance independent consultant, comments on the judgment in Legg and others v Sterte Garage Ltd and another and talks to Alex Bagnall, associate and costs advocate of Just Costs Solicitors. In addition, Rod Dutton, head of litigation at Jacobs and Reeve, who acted for the claimants in both courts, and one of the claimants, Mrs Legg, offer their thoughts on the decision.
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