Where an appellant succeeds on appeal against one defendant but was unsuccessful against a second defendant at first instance and did not appeal that outcome, a Bullock order will not be made where there were significant differences between the positions of the two defendants leading to different outcomes and the decision to join the second defendant was a forensic choice by the plaintiff. Where defendants are jointly represented, the unsuccessful plaintiff's liability for the successful defendant's costs is limited to costs incurred separately from the unsuccessful defendant.
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