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Commercial Court rejects objections to an application for a non-party costs order against an ATE insurer

10/11/14

Following his dismissal of an action for damages for breach of contract and/or negligence made against Giles Insurance Brokers Ltd ("Giles”) by Eurokey Recycling Ltd (“Eurokey”), Mr Justice Blair today dismissed the objections of Eurokey’s ATE insurer to Giles issuing a precautionary application against it after judgment, in which Giles applies for an order for costs against the ATE insurer should Eurokey fail to pay the costs of the action. Giles’ application is made on the basis, in particular, that the ATE insurer funded the litigation and also had a substantial degree of control over it.

The judgment is here.

Giles Insurance Brokers were represented by Neil Calver QC and Michael Bolding, instructed by Plexus Law.