Non party costs orders and family members (Virdi v RK Joinery)

Table of contents

• Practical considerations
• Why was the non-party costs order allowed to stand?
• Court details

Article summary

Dispute Resolution analysis: this was an appeal against a non party costs order made against a husband. Despite criticisms of the judgment, Henderson J refused the appeal. In doing so, the overriding issue was the element of control which the husband had exhibited over the wife during the litigation process and the fact that it was speculative litigation which, following Dymock, falls into the same category as impropriety when considering whether to make a non party-costs order.