The Supreme Court website records in relation to the Court of Appeal decision in Tescher v Direct Accident Management Limited:
Permission to Appeal
Justices
Permission to Appeal decision date
8 October 2025
Permission to Appeal decision
Refused
The issues raised are procedural matters better addressed at the level of the Court of Appeal or, if necessary, by the Rules Committee.
And that, is very much that.
However, I do not think that this issue will go away: applications for non party costs orders can arise in numerous contexts, including applications against solicitors’ firms and against directors and insolvency practitioners. Sooner or later, the issue of causation will have to be addressed and in detail in other contexts.