Associate Joshua Mitchell has written an article in the Solicitor’s Journal reviewing recent case law on non-party costs orders. The article explores the case of Aiden Shipping v Interbulk Ltd which set a precedent for courts to exercise discretion in making an NPCO based on certain factors.
Following the ruling, the court has outlined the factors that could inform an order, such as in cases where directors could be liable for a company's unsuccessful litigation costs, and when an applicant can demonstrate that there has been improper conduct within the litigation by the respondent. The article also considers in which circumstances it is appropriate for clients to consider an NPCO throughout the litigation process.
An CPCO is more likely to be made when the applicant can show the court that there has been improper conduct within the litigation by the respondent.”