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Sanderson order meaning

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What does Sanderson order mean?
A Sanderson order is a costs order in multi-defendant proceedings directing the unsuccessful defendant to pay the successful defendant’s costs, so the claimant is not left to meet those costs for having reasonably sued more than one party. It is discretionary and usually made where it was reasonable to join both defendants and the unsuccessful defendant’s conduct or case created the need to sue the successful defendant. The term derives from case law (Sanderson v Blyth Theatre Co [1903] 2 KB 533) rather than statute. It is distinct from a Bullock order: under a Bullock order the claimant pays the successful defendant’s costs but may recover them from the unsuccessful defendant; under a Sanderson order the unsuccessful defendant is made directly liable to the successful defendant. Sanderson orders are considered in England and Wales and Northern Ireland, and have close analogues in Scotland’s expenses jurisdiction; in Ireland, courts also make Bullock/Sanderson-type orders in suitable multi-party cases. They are commonly sought in negligence and contractual disputes where responsibility between defendants is uncertain, and they protect both claimants and successful defendants from unfair costs exposure.
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NEWS
Personal Injury and Clinical Negligence: OIC Portal reforms, CPRC/OPRC updates, key costs rulings and case law round-up (England and Wales), 17 July 2025

In this issue: Key PI and clinical negligence news Product liability Accidents on the highway Clinical negligence Portal claims Costs and funding Case management LexTalk® PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information Key PI and clinical negligence news MoJ publishes proposed amendments to RTA Small Claims Protocol to streamline OIC portal for whiplash claims The Ministry of Justice has tabled notable revisions to the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents, concentrating on paragraphs 11.7 and 11.8. Shaped by user input and industry consultation, the proposals would see the Official Injury Claim portal automatically produce the templates currently located in annexes C and D, thereby expediting claims for non-protocol vehicle costs. The intention is to bring these templates into line with other civil forms by improving clarity and consistent wording, with refreshed vulnerability...

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PRACTICE NOTES
Sanderson and Bullock costs orders in multi-defendant litigation: rationale, CPR 44 discretion, effects, and key case law (England and Wales)

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...

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PRACTICE NOTES
Multi-party litigation costs: orders, wording, severability, assessment/apportionment, contribution, Bullock/Sanderson, settlements, Part 36 and QOCS (England and Wales)

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,...

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PRACTICE NOTES
Key developments in personal injury and clinical negligence: cases, CPR and costs, legislation and policy—October 2025 (England and Wales)

PI & Clinical negligence horizon scanner—October 2025 [Archived] Archived: This Practice Note is archived and is not being maintained. It provides a concise overview of the principal legal developments relevant to personal injury and clinical negligence practitioners as at 1 October 2025. For updates predating this horizon scanner, consult PI and Clinical Negligence horizon scanning and key cases—overview. Key PI and clinical negligence developments RTA Small Claims Pre-Action Protocol (PAP) updates—in force 1 October 2025: The Master of the Rolls has approved changes to the Pre-Action Protocol for Personal Injury Claims below the Small Claims Limit arising from road traffic accidents (RTA Small Claims Protocol), effective from 1 October 2025. The revisions address the handling of non-Protocol vehicle costs (NVC) within the Official Injury Claim Portal. Previously, both claimants and compensators had to upload NVC forms manually. Under the updated protocol, the portal will now auto-generate these forms using data provided by both parties, thereby simplifying the process and reducing administrative effort. See: LNB News...

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