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Equitas Ltd & Anor v Horace Holman & Company Ltd & Anor [2008] EWHC 2287 (Comm) (3 October 2008)

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Application for Non-Party Costs Should be Dealt With by Trial Judge: Andrew Smith J. held that the trial judge should hear an application for a non-party costs order unless there were compelling reasons for him not to do so. This was so even though the judge had expressed a view about the conduct of the non-party. It had not been wrong of the judge to raise the possibility of an application for a non-party costs order. Even if the judge had erred in doing so, a fair minded and informed observer would not have concluded that he would be biased in determining the application.

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