Q&As

A personal injury claim has been issued against my client as a second defendant. My client has denied liability from the start on the basis that they do not own the land in question but the first defendant has refused to accept liability. Is the second defendant able to recover legal costs from the first defendant for not accepting liability?

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Produced in partnership with Jamie Gamble of No5 Barristers Chambers
Published on LexisPSL on 21/09/2018

The following PI & Clinical Negligence Q&A Produced in partnership with Jamie Gamble of No5 Barristers Chambers provides comprehensive and up to date legal information covering:

  • A personal injury claim has been issued against my client as a second defendant. My client has denied liability from the start on the basis that they do not own the land in question but the first defendant has refused to accept liability. Is the second defendant able to recover legal costs from the first defendant for not accepting liability?

If a defendant successfully defends a claim, the starting point is that the claimant will be liable to pay their costs of the claim. However, CPR 44.2(1)(a) provides the court with the discretion ‘as to whether costs are payable by one party to another’. In a multi-defendant case this provides the court with the discretion to make an unsuccessful defendant, rather than the claimant, liable for the successful defendant’s costs.

The court may make a Bullock order, where the claimant pays the successful defendant’s costs but then recovers those costs from the unsuccessful defendant, or a Sanderson o

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