Q&As

What is the difference between a Bullock and Sanderson order? Would either of the orders allow a leaseholder to recover costs incurred by a mortgage lender (and added to the leaseholder's mortgage account) in a situation where a landlord discontinues forfeiture proceedings?

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Produced in partnership with Jon Lord of Civil & Commercial
Published on LexisPSL on 08/09/2016

The following Property Disputes Q&A Produced in partnership with Jon Lord of Civil & Commercial provides comprehensive and up to date legal information covering:

  • What is the difference between a Bullock and Sanderson order? Would either of the orders allow a leaseholder to recover costs incurred by a mortgage lender (and added to the leaseholder's mortgage account) in a situation where a landlord discontinues forfeiture proceedings?
  • What are Bullock and Sanderson orders?

What are Bullock and Sanderson orders?

When the English Court decides to make a costs order, it will start with the general rule that costs 'follow the event', ie the losing party will pay the successful party's costs (CPR 44.2(2)(a)). However, the court is not bound to apply the general rule and can, if it considers it appropriate, make a different order (CPR 44.2(2)(b)).

Bullock and Sanderson costs orders arise out of a specific set of circumstances, namely where the claimant makes claims, in either contract or tort, against two separate defendants and is successful against one defendant, but unsuccessful against the other. In these particular circumstances, the court has discretion to order the unsuccessful defendant to pay the successful defendant's costs.

This discretion can be exercised by the court in one of two ways:

  1. the unsuccessful defendant is ordered to pay directly to the successful defendant his costs—a Sanderson order

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