(1) Yehuda Tescher (appellant) v Direct Accident Management Ltd (respondent) (2) AXA Insurance UK PLC (appellant) v Spectra Drive Ltd (respondent)
Wednesday 7 – Thursday 8 May 2025
(1) The Defendant appeals against the order made by DJ Jeffs dated 2/8/23 refusing the D’s application that the third party (Direct Accident Management Ltd) pay some or all of the D’s costs under s.51 Senior Courts Act 1981.
The appeal arises in the context of a road traffic accident and raises the question of when it is appropriate for credit hire companies such as DAML to be subject to a non-party costs order.
(2) The Defendant insurer Axa seeks appeals against the order of HHJ Gargan dated 9 December 2024 allowing non-party appeal by Spectra Drive Limited against the order of DDJ Carson dated 3 August 2023.
The DDJ had ordered that Spectra pay 65% of Axa’s costs of the substantive claim by Ms Smith against Axa by way of non-party costs order summarily assessed in sum of £3,432 together with Axa’s costs of the application.
HHJ Gargan set aside that order on basis that the DDJ had not been entitled on the evidence before him to find that Spectra had intermeddled in Ms Smith’s case.
The judge then reconsidered the application for an NPCO afresh. He dismissed that application on basis that this was a case where the Ms Smith had discontinued her claim following an allegation that she had been fundamentally dishonest in relation to her claim. (The DDJ had concluded that she had not been fundamentally dishonest.).
View hearing:
Day 1
Day 2