Dispute Resolution analysis: The Court of Appeal has dismissed an appeal against such a costs order on the basis that the actions of the non-party had caused irrecoverability of the claimants’ costs. The judgment considers the requirement for causation when dealing with non-party costs orders which in this case arose from the lies told by the non-party to the defendant’s insurers to ensure that the timing of payment of insurance monies would deprive the claimants of recovery under the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930).
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