23 May 2018
Travelers Insurance Company v XYZ  EWCA Civ 1099: non-party costs order against Insurers where underlying claims uninsured
In Travelers v XYZ the Court of Appeal upheld an order made pursuant to s.51 of the Senior Courts Act 1980 (“Section 51”) requiring Travelers to pay costs incurred by claimants pursuing claims against its insured. Travelers was found liable even though the claims were uninsured and it had not acted so as to become a ‘real party’ to the litigation.
The Court of Appeal’s decision is considered by Miles Harris of 4 New Square.