Description
Application by a defendant to revoke a direction that an assessment of costs proceed upon the basis that it was reasonable for insurers to be separately represented in a road traffic claim, on the ground that the information giving rise to the direction was inaccurate and did not properly reflect that one of the insurers was indemnified by the other on the condition of co-operation.
Held: It was in the interests of justice that the court exercise its powers under CPR 3.1(7) to revoke the direction. The costs direction was made as a result of an inadvertent misunderstanding as to the true funding position between the insurers, which would have had a significant effect on the costs assessment. Insurers ordered to pay the costs of the application.