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14 September 2012 / Lehna Hewitt , Kim Beatson
Issue: 7529 / Categories: Features , Family , Costs
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Waste not...

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Kim Beatson & Lehna Hewitt track the latest developments surrounding wasted costs orders in family proceedings

A legal adviser whose conduct is improper, unreasonable or negligent can be ordered to pay the costs incurred by their own client or another party as a result of such conduct.

The term “legal adviser” has been broadly interpreted and could include counsel, solicitors or another representative. Counsel’s responsibility may include drafting and settling proceedings and is not limited to advocacy (Brown v Bennett [2002] 2 All ER 273).

A wasted costs order can even be made against expert witnesses who cause significant expense as a result of failing in their duty to the court (Phillips and Other v Symes and Others 2 [2004] EWHC 2330 (Ch), [2005] 4 All ER 519).

Making a wasted costs order

The power of the court to make a wasted costs order is found in s 51(6) of the Senior Courts Act 1981 and now

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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