A non-party who initiates, causes, controls, and intermeddles in litigation, and who has a real, direct, and material connection with it, may be subject to a non-party costs order. However, the discretion may be exercised against making such an order where the non-party may not have been aware of the full futility of the litigation and obtained no personal benefit from it.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
1 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.