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13 June 2013
Issue: 7564 / Categories: Case law , Law digest , In Court
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Solicitors

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others [2013] EWHC 1087 (Ch), [2013] All ER (D) 32 (Jun)

The power of the court to make a wasted costs order against solicitors was contained in s 51(6) to (7) of the Act. For a wasted costs order to be made: (i) the claimant had to be able to demonstrate that the defendants had been guilty of conduct which was negligent, unreasonable, or improper; and (ii) the claimant had to be able to demonstrate such conduct had resulted in costs being incurred by the claimant which would otherwise have been avoided; and (iii) it was fair just and equitable for the court to exercise its discretion so as to make an order against the defendant in favour of the claimant. The summary procedure for wasted costs was a blunt instrument. It was not suitable for use in every situation where a party to proceedings sought to criticise the manner in which those proceedings had been conducted by the other side. It required a certain amount

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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