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On appeal from: [2018] EWCA Civ 1099

This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.

The Supreme Court unanimously allowed Travelers’ appeal and held that the courts below were wrong to order Travelers to pay the uninsured claimants’ costs.

For judgment, please download: [2019] UKSC 48

For Court’s press summary, please download: Court’s Press Summary

For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing please visit: Supreme Court website: 11 June 2019 morning and afternoon session.