BOGUSLAWSKI AND ANOTHER v. GDYNIA-AMERYKA LINJE ZEGLUGOWE SPOLKA AKCYJNA.

[1951] 2 Lloyd's Rep. 1

COURT OF APPEAL.

Before Lord Justice Somervell, Lord Justice Denning and Lord Justice Morris.

Practice - Costs - Apportionment - Three similar actions - Actions set down and called on together - No consolidation or agreement between parties that first action should be test case - Same solicitors acting for plaintiffs in each case - Agreement between parties that evidence in first action should be deemed to be taken in second and third actions - Actions listed as part heard - Adjournment by consent of second and third actions - Judgment entered for plaintiffs in respect of first action - Appeal by defendants dismissed by C.A. - Taxation of costs - Objection raised by defendants that certain of costs, in particular the brief fees and costs of witnesses, should be apportioned between the three actions - Refusal by Taxing Master to apportion costs - Decision overruled by learned Judge on appeal on ground that relationship so closely approximated consolidation that apportionment should be made - Appeal by plaintiffs.