Bullock Order

English Legal System: Bullock Order

In the context of the English law, A Dictionary of Law provides the following legal concept of Bullock Order : (from the case Bullock v London General Omnibus Co. (1907))

A form of order for the payment of costs in civil cases sometimes made when the claimant has, in the court’s opinion, reasonably sued two defendants but has succeeded against only one of them. The order requires the claimant to pay the successful defendant’s costs but allows him to include these costs in those payable to him by the unsuccessful defendant. It should be distinguished from a Sanderson order (from the case Sanderson v Blyth Theatre Co., 1903), in which the unsuccessful defendant is ordered to pay the costs of the successful defendant directly. A Sanderson order is generally more advantageous to the claimant, but will not be ordered if, for example, the unsuccessful defendant is insolvent, because the successful defendant would thereby be deprived of his costs.

Bullock Order in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of Bullock Order, produced by Tetley, in the context of admiralty law: A discretionary order of a court regarding costs, granted in a case where a plaintiff has acted reasonably in suing more than one defendant but has not been successful against all of them. The order requires the plaintiff to pay the costs of the successful defendant(s) but also permits him to include those costs in the costs he recovers from the unsuccessful defendant(s). The Bullock order derives its name from the decision in Bullock v. London General Omnibus Co. [1907] 1 K.B. 264 (C.A.). For an example in Canadian maritime law, see Canadian Klockner Ltd. v. D/S A/S Flint (The Mica) [1973] 2 Lloyd’s Rep. 478 at p. 484 (Fed. C. Can.).

The Bullock order is similar to the “Sanderson order”, whereby the court, in its discretion, may order the unsuccesful defendant(s) to pay the costs of the successful defendant(s) directly. The Sanderson order derives its name from the decision in Sanderson v. Blyth Theatre Co. [1903] 2 K.B. 533 (C.A.).