In civil litigation an application for a wasted costs order should only save in exceptional circumstances, be made after the trial. The court mentioned several dangers if applications were made at an interlocutory stage, among them the risk that a party’s advisers might feel they could no longer act, so that the party could in effect be deprived of the advisers of his choice.
Judges:
Aldous J
Citations:
Times 09-Jul-1993, [1994] 4 All ER Ch D 673
Jurisdiction:
England and Wales
Cited by:
Cited – White v White (Deceased) CA 20-Jan-2003
An appeal was made against an order refusing an award of costs against solicitors for the opposing party.
Held: The judge’s order saying that an aplication should have been forewarned earlier was made within his discretion, and was . .
Cited – Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd CA 26-Jan-1994
Guidance for Wasted Costs Orders
Guidance was given on the circumstances required for the making of wasted costs orders against legal advisers. A judge invited to make an order arising out of an advocate’s conduct of court proceedings must make full allowance for the fact that an . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Costs, Legal Professions
Updated: 16 August 2022; Ref: scu.80522