References: Times 15-Jan-2002, Gazette 06-Mar-2002,  EWCA Civ 2017
Coram: Lord Justice Mummery, Lord Justice Buxton, And, Lord Justice Longmore
The case concerned the management of substantial multi-party actions, and in particular the form of costs orders. The claimants sought a payment of the ‘common costs’ element to be made payable as the appropriate relative common issues were resolved.
Held: The purpose of the new rules was to clarify the sharing of the burden of costs, not to prescribe what orders should be made and when. As to discontinuing claimants, the current form of order should continue. The advantages of amending such orders to crystallise the costs of a discontinuing party were outweighed by the potential injustice.
Statutes: Civil Procedure Rules Part 19 Section III
This case cites:
- See Also – Afrika and others v Cape Plc and others; X Y Z and Others v Schering health Care Ltd; Sayers & Others v Merck, Smithkline Beecham plc MMR/MR vaccine litigation CA (Bailii,  EWCA Civ 2027)
Claimants sought damages for personal injuries after immunisation with the MMR vaccine. . .
This case is cited by:
- See Also – XYZ & others v Schering Health QBD ( EWHC 1420 (QB), Bailii, (2002) 70 BMLR 88)
The court heard seven lead claims in group litigation against three drug companies in respect of their combined oral contraceptive products. . .
- See Also – XYZ v Schering Health Care: Oral Contraceptive Litigation SCCO (Bailii,  EWHC 90026 (Costs))
Last Update: 01-Oct-15 Ref: 167306