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Sayers and Others v Smith Kline Beecham plc and Others; X, Y, Z and Others v Schering Health Care Ltd and Others; Afrika and Others v Cape plc; CA 21 Dec 2001

References: Times 15-Jan-2002, Gazette 06-Mar-2002, [2001] EWCA Civ 2017
Links: Bailii
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
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Last Update: 01-Oct-15 Ref: 167306

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