‘A Practical Guide to Non-Party Costs Orders’ by Charles Shwenn


Paperback: 978-1-913715-56-4
Published: January 2021
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This book is intended to assist practitioners navigating the non-party costs jurisdiction. Non-party costs orders have become increasingly prevalent since the court’s power to make them was confirmed in 1986. Though judges have a wide discretion in this regard, the jurisprudence that has developed on this topic offers important guidance as to its exercise.

The principles that have underpinned the making of non-party costs orders generally are introduced in part one. Part two considers the application and development of those principles in relation to seven specific non-parties. Finally, the procedure involved in obtaining a non-party costs order is set out in part three.


Charles Shwenn is a barrister with a broad commercial chancery practice. He has a particular interest in the law of costs and civil procedure, on which he regularly writes and advises.


Chapter 1 – The Basis of the Jurisdiction

Part 1 – General Principles
Chapter 2 – Approaches to Identifying Liable Non-Parties
Chapter 3 – Additional General Principles

Part 2 – Specific Non-Parties
Chapter 4 – Liability Insurers
Chapter 5 – Witnesses
Chapter 6 – Commercial Litigation Funders
Chapter 7 – Companies
Chapter 8 – Litigation Friends
Chapter 9 – Solicitors
Chapter 10 – Trade Unions

Part 3 – Procedure
Chapter 11 – Procedure, Ancillary Orders and Appeals