The Court held that a council which initially defended proceedings disputing the status of a public road, then filed a submitting appearance part way through, remained liable for the plaintiffs' costs of the entire proceedings on a joint and several basis with the active defendant. The filing of a submitting appearance does not automatically insulate a party from costs liability; the court must assess the context, including whether the submitting party's pre-litigation and litigation conduct contributed to the need for the proceedings and whether it failed to respond to reasonable settlement offers. The costs orders were made jointly and severally against both defendants because the public road dispute bound both equally, and the plaintiff should not bear the risk of one defendant failing to meet its share.
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