Court refuses to allow a non-party costs order application to proceed after 3-year delay. Jason Robinson acts successfully for the respondent.
Glaxosmithkline UK Limited -v- BRIT UW Limited [2025] EWHC 186 (KB)
On Friday 31 January 2025, Mr Justice Bourne handed down judgment in respect of GSK’s application for an extension of time to proceed with its non-party costs order application against Brit, a third-party ATE insurer to underlying litigation in which GSK defended a group action. GSK was required by Court order to issue any non-party costs application by 4pm on 31 July 2020. It did not apply until 16 August 2023.
Deciding the application in favour of Brit, and refusing to allow GSK to proceed with its non-party costs application, Bourne J made three key findings. First, that this was not a relief from sanctions application, as the original Court order did not imply a sanction for failure to meet the 31 July 2020 deadline (paras 35 to 40; Yesss (A) Electrical Ltd v Martin Warren [2024] EWCA Civ 14 applied). Second, the Denton-type considerations were still relevant when determining the application pursuant to the overriding objective (para 41). Third, GSK had failed to justify the delay of 3 years before making its application. It could not rely on the fact it was corresponding with Brit during that period, when it allowed lengthy periods of time to elapse during that correspondence (paras 42 to 56).
Jason Robinson acted for Brit as sole counsel and was instructed by Alex Denslow of CMS.