header-logo header-logo

19 February 2009
Issue: 7357 / Categories: Case law , Legal services , Profession
printer mail-detail

Harrison v Harrison [2009] All ER (D) 61 (Feb)

Legal Profession

Wasted costs orders (under s 51(6) of the Supreme Court Act 1981) are remedies of last resort. The legal representative  should not be called on to reply unless an apparently strong prima facie case has been made against him. Where the responding lawyer is required to show cause why an order should not be made, the burden of proof does not shift away from the applicant, who must establish his case. Even where the court is satisfied as to conduct and causation, it has to consider whether to exercise the discretion to make the order and to what extent. Orders should only be made under s 51(6) where, and to the extent that, the conduct so characterised has been established as directly causative of wasted costs. Applications for wasted costs are usually best left until after the end of the trial.

Issue: 7357 / Categories: Case law , Legal services , Profession
printer mail-details

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll