The existence of the standard preconditions for non-party costs orders (straw company, active participation by non-parties, non-parties as ultimate beneficiaries) does not compel the making of such orders. Courts should not readily make non-party costs orders merely because funds may be available from identified non-parties, and the function of the Court is not to assist litigants to find a funding source for extant orders. Where the corporate plaintiff's impecuniosity was caused by the opposing party's conduct, and the claims were not wholly devoid of merit, the discretion may properly be refused.
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