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against a non-party

The court will usually allow the person against whom such an order is made the costs of the application as well as the costs of complying with any order which is made for disclosure. However, if the court considers it unreasonable for a party not to have voluntarily disclosed a document, particularly if the document should have been disclosed in compliance with a pre-action protocol, and unreasonable for the party to oppose the application for disclosure, the court may make a different order for costs, including one which provides that the party applying for the order be allowed the costs (r 48.1).