Patel v Air India Ltd and another [2010] EWCA Civ 443, [2010] All ER (D) 306 (Mar)
It was established law that an applicant for a wasted costs order had to satisfy the court that there had been a breach of duty to the court and that the proceedings were akin to an abuse of the process of the court.
The inability of a defendant to recover costs from a legally aided claimant was perhaps, unfortunately, a fact of life and could not be circumvented by wasted costs orders except in the clearest cases
