Where multiple respondents to an appeal have identical interests and no conflict, the question is not whether they acted reasonably in retaining separate representation, but whether it is reasonable for the unsuccessful litigant to bear more than one set of costs. The respondents bear the burden of demonstrating a sufficient reason for the appellant to bear more than one set. Factors such as the number of respondents, the inability of one solicitor to act for all, complexity of issues, and differences in advocacy approach are insufficient to discharge that burden. A single-set costs order is workable on assessment.
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