In David Nelson v Greening & Sykes (Builders) Limited and Anor [2007] EWCA Civ 1358, the Court of Appeal held that, in appropriate cases, ie where there is sufficient identification between the non-party and a party to the proceedings, the courts have the power under section 51(3) of the Supreme Court Act 1981 to order a non-party to pay a sum of costs which have already been assessed.