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Costs – Order for costs. Following the determination of proceedings in its favour, the claimant bank sought a non-party costs order against the second defendant. The second defendant challenged the Commercial Court's jurisdiction to make the order on grounds including forum non conveniens and lis alibi pendens. The court, in making the order, held that it was plainly the most natural and appropriate forum for determination of the application. Further, there were very strong grounds for making a non-party costs order against the second defendant and it was entirely just to do so.
Costs – Order for costs. Following the determination of proceedings in its favour, the claimant bank sought a non-party costs order against the second defendant. The second defendant challenged the Commercial Court's jurisdiction to make the order on grounds including forum non conveniens and lis alibi pendens. The court, in making the order, held that it was plainly the most natural and appropriate forum for determination of the application. Further, there were very strong grounds for making a non-party costs order against the second defendant and it was entirely just to do so.
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