If an application for a non-party costs order cannot be made on the documents already available, it should not normally be made at all. The claimant’s application in the court below for disclosure against the non-party managing director and 90 per cent shareholder of the defendant company and its application for disclosure against the liquidator on appeal should not have been made. The non-party costs order was ordered to stand but the appeal succeeded to the extent that the non-party was entitled to have the defendant’s costs assessed (Systemcare (UK) Ltd v Services Design Technology Ltd and Sharif www.bailii.org/ew/cases/EWCA/Civ/2011/546.html).