T G A CHAPMAN LTD BENSON TURNER LTD v CHRISTOPHER SUN ALLIANCE AND LONDON INSURANCE PLC

[1998] Lloyd's Rep IR 1

COURT OF APPEAL

Before Lord Justice PHILLIPS, Lord Justice WALLER and Lord Justice MUMMERY

Costs - Order against non-party - Liability insurance - Claim against tortfeasor - Tortfeasor insured under liability policy - Claim defended by liability insurers who had conduct of litigation and fought claim exclusively to defend their own interests - Defence failed in its entirety - Exercise of the courts discretion - Supreme Court Act 1981 sect 51 - Whether insurers guilty of unlawful maintenance - Whether insurers contractual limit of liability relevant feature - Whether court must exercise fresh discretion in deciding upon appropriate costs order.