Solicitors

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