The following Property Disputes Q&A Produced in partnership with Jon Lord of Civil & Commercial provides comprehensive and up to date legal information covering:
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:
the unsuccessful defendant is ordered to pay directly to the successful defendant his costs—a Sanderson order
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
Source of the doctrine of the separation of powersThe origins of the doctrine are often traced to John Locke’s Second Treatise of Government (1689), in which he identified the 'executive' and 'legislative' powers as needing to be separate.‘… it may be too great a temptation to human frailty, apt to
What is recklessness?In respect of some statutory offences and common law crimes the prosecution are required to prove a mental element of recklessness on the part of the defendant.Recklessness means unjustified risk taking on the part of the accused.Prior to the House of Lords decision in Re G
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.