FOIL Update – Third Party Costs

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  • FOIL Ireland
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  • London FOIL

Travelers Insurance Company Ltd v XYZ (2019) UKSC 48
This appeal concerned who should pay the legal costs of 426 claimants who unsuccessfully sued a medical group for the supply of defective silicone breast implants. In giving its judgment, the Supreme Court reviewed the principles concerning third-party costs orders. 623 claims were brought against the owners of a medical clinic which had supplied implants manufactured by another company. The clinic had insurance cover with the appellant insurer in relation to claims brought against it.


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