The 'rule of thumb' for apportionment of common costs between jointly represented parties does not apply where multiple plaintiffs are variously successful and unsuccessful; it applies only in the case of multiple defendants. Even where the rule might otherwise apply, it is excluded where the costs orders already made represent a complete scheme accounting for the varying success of the parties. A party may appeal under s 208L(1) of the Legal Profession Act 1987 from a 'decision' of a costs assessor on a question of law before the final determination of the assessment is complete.
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