COSTS SHARING BETWEEN THE CLAIMANTS. 4.1 Each Claimant is liable for the greater of: (i) his or her Individual Costs; or (ii) a share of the Individual Costs of all Claimants, which share is calculated as: the total of all the Individual Costs that all Claimants are liable for or would be liable for if they had won their claims, divided by the total number of Claimants. Xxxxxx & Xxxxxx may apply to the Court for a Court order in respect of costs sharing and the Claimants agree that, unless the Court orders otherwise, each Claimant who wins is liable for a share of Generic Costs, which share is calculated as: the total of all Generic Costs, divided by the number of Claimants who win. Further unless the Court orders otherwise, each Claimant who wins and to whom an issue applies is liable for a share of Issue Costs, which share is calculated as the total of all Issue Costs attributable to that issue, divided by the number of Claimants who win and to whom that issue applies.
COSTS SHARING BETWEEN THE CLAIMANTS. The following provisions will apply to the allocation of Costs between the Claimants, although as set out at clause 8 above, the Costs will be met by the Defendant and/or covered by the terms of the DBA. For the purposes of allocation, the Claimants agree that, unless the court orders otherwise, the amount of costs referable to each Claimant in relation to Common Costs and Issue Costs shall be calculated on a several (not joint) liability basis as follows: for the purposes of Common Costs in accordance with the number of vehicles in respect of which you are claiming as a percentage of the number of vehicles in respect of which all the Claimants claim; and in the case of Issue Costs, in accordance with the number of vehicles in respect of which you are claiming as a percentage of the number of vehicles in respect of which all the Claimants affected by that issue claim; and additionally in either a) and/or b) immediately above, each Claimant who obtains an order for any Defendant to pay that Claimant’s Common and/or Issue Costs shall also be liable to indemnify a share of the Common and/or Issue Costs of any other Claimant who does not obtain such an order (the liability for such indemnity being only to the extent that the Common and/or Issue Costs of such unsuccessful Claimant are recovered from a Defendant, and the liability for such indemnity is calculated on a several basis in the same proportions between the successful Claimants alone as in a) or b) respectively, as may be the case, immediately above), in each case (the ‘Proportionate Share’). Each Claimant agrees that: Xxxxxx Xxxxxx is entitled to allocate to them, within each Claim they pursue, a Proportionate Share of all work undertaken in respect of Common Costs and any relevant Issue Costs from the date Xxxxxx Xxxxxx started to work on the Claims; Xxxxxx Xxxxxx is entitled to exercise a discretion as to whether to allocate costs proportionally to different Claims or types of Claim. The Claimants recognise and agree that, within each Claim they pursue, unless the court orders otherwise, the Proportionate Share shall be calculated using the time periods for when the Claimant joined a Claim as follows: there shall be accounting periods for the purposes of calculating each Claimant’s Proportionate Share; the first accounting period shall be deemed to run from and including 1 October 2019 to and including 31 June 2020. Thereafter, accounting periods shall run quarterly for three months from and includi...
