Solicitors who unreasonably commence proceedings may be subject to a wasted costs order, but there should be no award of costs against a solicitor solely because he acted without a fee. An award of costs should not be made against a solicitor who had acted for a client in a defamation action which was lost, … Continue reading Tolstoy-Miloslavsky v Aldington: CA 27 Dec 1995
The defendant sought a wasted costs order against the claimant’s solicitors. Judges: Field J Citations: [2007] EWHC 1656 (QB), [2007] PNLR 31 Links: Bailii Statutes: Supreme Court Act 1981 51(6) Jurisdiction: England and Wales Costs Updated: 17 July 2022; Ref: scu.347410
The defendant firm of solicitors appealed a wasted costs order. Held: The jurisdiction to make a wasted costs order was to be used for breaches of duty to the court. It was not proper to make one where, as here, the failure was merely a failure in a duty to his client to act in … Continue reading Radford and Co v Charles and Another: ChD 5 Nov 2003
There was no power to make an order for wasted costs against a solicitor who had not been acting in a matter when proceedings were issued. Delays eventually led to the dismissal of a medical negligence case for limitation. The defendant authority sought their lost costs against the firm. The true test was whether the … Continue reading Byrne v Sefton Health Authority: CA 22 Nov 2001
A wasted costs order was intended to be a summary procedure and it was not appropriate to make one where the order would require detailed and lengthy investigations. Breach of solicitor’s professional duty to client might also take the issue outside the wasted costs procedure. Citations: Times 03-Aug-1998 Statutes: Supreme Court Act 1981 51(6),(7) Jurisdiction: … Continue reading Turner Page Music v Torres Design Associates Ltd: CA 3 Aug 1998
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 advocate has to make decisions quickly and under … Continue reading Ridehalgh v Horsefield; Allen v Unigate Dairies Ltd: CA 26 Jan 1994
The appellants were barristers against whom wasted costs orders had been made. They appealed. They had made allegations of fraud in pleadings, but without being able to provide evidence to support the allegation. This was itself a breach of the Bar Council Code of Practice. Held: A barrister must not draft a pleading containing an … Continue reading Medcalf v Mardell, Weatherill and Another: HL 27 Jun 2002
The defendant’s solicitors appealed an order making them liable for costs in defending an action brought by the landlord. Judges: Butler-Sloss LJ, Morritt LJ, Sedley LJ Citations: [1999] EWCA Civ 3023, [1999] BLR 232, [2000] CPLR 233 Links: Bailii Statutes: Supreme Court Act 1981 51(1) 51(3) 51(6) Jurisdiction: England and Wales Cited by: Cited – … Continue reading Globe Equities Ltd v Globe Legal Services Ltd and others: CA 5 Mar 1999
