An important issue in credit hire litigation if a claim fails, is the extent to which a successful defendant, can either enforce its claim for costs against a claimant, or seek an order for non party costs against the credit hire company.
An interesting judgment was handed down earlier this year, on that issue. Running to 46 pages, the District Judge examined the substantive law, the procedural rules, the authorities and all the arguments with great care before concluding that it would be inappropriate to make a non party costs Order.
A copy of the judgment can be found here: Nathanmana-v-Uk Insurance Judgment