
In this BILA Lecture, Alison Padfield QC will explain and discuss non-party costs orders against insurers:
• The courts’ jurisdiction to make costs orders against non-parties under s 51(3) of the Senior Courts Act 1981
• Situations where liability or legal expenses insurers may be at risk of non-party costs
• The impact of policy limits
• Non-party costs and the Third Parties (Rights Against Insurers) Acts 1930 and 2010
• The insurer’s conduct and the incurring of costs
• Recent case-law including Travelers v XYZ [2018] EWCA Civ 1099 (liability insurers) and Herridge v Parker & Allianz [2014] Lloyd’s Rep IR 177 (legal expenses insurers)