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 behaviour complained of was a cause of the unnecessary incurring of costs. A ‘but for’ test was insufficient.
Judges:
Lord Justice Peter Gibson, Lord Justice Chadwick and Lord Justice Longmore
Citations:
Times 28-Nov-2001, Gazette 04-Jan-2002
Statutes:
Jurisdiction:
England and Wales
Citing:
Distinguished – Brown and Another v Bennett and Others (No 2) ChD 16-Nov-2001
The power to make a wasted costs order did not apply only against advocates in court, and not only against the applicant’s own representatives. The test was as to the causing of additional costs. In this case several barristers had been involved at . .
Lists of cited by and citing cases may be incomplete.
Costs, Legal Professions
Updated: 18 June 2022; Ref: scu.166876