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Court of Appeal—professional negligence ARCHIVED : This Practice Note has been archived and is not maintained. The Court of Appeal upheld an appeal in a claim against solicitors, holding that the loss of a chance head of damage was too remote. At first instance, the judge concluded that Lewis Silkin LLP had fallen below the required standard by not advising their client to include a jurisdiction provision in his employment agreement with a franchisee involved in the Indian Premier League’s Twenty20 competition. Because no jurisdiction clause appeared in the contract, when the client later issued proceedings against the franchisee over a severance entitlement, he faced jurisdictional challenges (ultimately dismissed) brought by the franchisee, which postponed his obtaining judgment for £10 million in severance. The client’s case was that, with proper advice on jurisdiction, the contract would have contained an exclusive jurisdiction clause. On that footing, he said, he would have secured judgment for the severance sum sooner (as there would have been no hold‑ups arising from jurisdiction objections) and...
This Practice Note concisely sets out guidance on Sanderson and Bullock orders. It explains their nature and purpose, when such orders may properly be made, and the reasoning that underpins their use. Sanderson and Bullock orders—what are they? These orders typically arise where a claimant brings a claim (in contract or in tort) against two or more separate and distinct defendants, but ultimately achieves success against only one of those defendants. Their immediate origins lie in the following authorities: Sanderson v Blyth Theatre Company (1903)—the court required the losing defendant to meet the successful defendant’s costs (a Sanderson order) Bullock v London General Omnibus Co (1907)—the court directed the claimant to pay the successful defendant’s costs, but expressly allowed the claimant to include those sums within the costs to be ultimately recoverable from the losing defendant (a Bullock order) A Sanderson order is also on occasion simply described as a Bullock order (Mayer v Harte (1960)). They are closely...
This Practice Note explores the particular distinct issues that arise with multi-party costs orders. It explains what constitutes a multi-party costs order and the circumstances in which it may feature in costs recovery. This Practice Note addresses severability of liabilities for costs, the formulation of costs orders, common costs orders in cases with several parties, contribution where one party has satisfied a joint or several costs order, Bullock and Sanderson orders, and the assessment of costs in multi-party litigation, including how liabilities are apportioned or shared between the paying parties concerned in the matter as appropriate. What is a multi-party costs order? A multi-party costs order is an order made in proceedings involving more than one claimant and/or more than one defendant. It may arise, for example: a claim that includes Part 20 proceedings (see Practice Note: Counterclaims and additional claims under CPR 20—initial considerations and permission) a claim where the claimant pleads that two or more defendants are liable to him or her,...