KembaraXtra - Legal Terms - Sanderson Order

A Sanderson order is a type of court order relating to the payment of legal costs in civil litigation. It is closely associated with a Bullock order, but it operates differently in allocating responsibility for costs. A Sanderson order is typically made where a claimant has sued multiple defendants but succeeds against only one of them. The unsuccessful defendant is ordered to pay not only the claimant’s costs but also the costs incurred by the successful defendant. The purpose is to ensure that the claimant is not unfairly disadvantaged for reasonably joining multiple defendants to the proceedings.

The court will generally make a Sanderson order only where it was reasonable for the claimant to sue more than one defendant because of uncertainty over liability. This commonly occurs when it is unclear which defendant was legally responsible for the claimant’s loss. The claimant should not be penalized for bringing proceedings against all potentially liable parties. The court exercises its discretion based on the circumstances of each case. Fairness remains the overriding consideration.

Unlike a Bullock order, the claimant does not first pay the successful defendant’s costs. Instead, the unsuccessful defendant is required to pay those costs directly to the successful defendant. This simplifies the process and avoids unnecessary financial burden on the claimant. The order therefore provides greater protection to claimants who have acted reasonably. It also avoids additional costs arising from multiple payments.

The Civil Procedure Rules give courts broad discretion regarding the award of legal costs. In deciding whether to make a Sanderson order, the court considers factors such as the conduct of the parties and whether the claimant reasonably believed that more than one defendant might be liable. Courts seek to allocate costs in a manner that achieves justice between all parties. Each case is determined on its own facts. The order is therefore relatively uncommon and applied only where appropriate.

A Sanderson order remains an important procedural tool in civil litigation. It promotes fairness by protecting claimants from unnecessary financial exposure where multiple defendants are reasonably joined. The order also encourages defendants to clarify issues of liability at an early stage. Courts use it to achieve an equitable distribution of legal costs. It continues to form part of the law governing civil costs in England and Wales.