In re P (a Barrister) (Wasted Costs Order): CACD 23 Jul 2001

The procedure for making a wasted costs order was primarily compensatory, for costs wasted, rather than punitive for malpractice. The procedure is summary, and more in line with applications for costs made under the Civil Procedure Rules rule 44.3, rather than cases involving contempt of court. Usually there is no need for the judge in the case to distance himself from the decision. There is a three stage test. First, had there been improper, unreasonable or negligent conduct of a case, which secondly resulted in costs being incurred by another party, and, third, should the court use its discretion to make an order.
Kennedy LJ, Wright J, Leveson J
Times 31-Jul-2001, [2001] EWCA Crim 1728
England and Wales
CitedMyers v Elman HL 1939
The solicitor had successfully appealed against an order for a contribution to the other party’s legal costs, after his clerk had filed statements in court which he knew to be misleading. The solicitor’s appeal had been successful.
Held: The . .

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Updated: 23 December 2020; Ref: scu.136159