header-logo header-logo

14 September 2012 / Lehna Hewitt , Kim Beatson
Issue: 7529 / Categories: Features , Family , Costs
printer mail-detail

Waste not...

istock_000013952999medium_4

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
back-to-top-scroll