The remedy of an award of costs against a solicitor personally is only available to make good loss where the solicitor is guilty of inexcusable misconduct such as to merit reproof.
It is not always easy to separate the effect of a disciplinary order from its purpose or objective.
Lord Denning MR, after reference to the authorities, said of the supervisory compensatory jurisdiction: ‘The cases show that it is not available in cases of mistake, error of judgment or mere negligence. It is only available where the conduct of the solicitor is inexcusable and such as to merit reproof.’
O’Connor LJ, with whom Dunn LJ agreed, said: ‘The cases show that such an order ought not to be made unless it is shown that the Thews have suffered loss as a result of serious misconduct by the solicitors in the case.’
Lord Denning MR
[1982] 3 All ER 1086, [1982] QB 1283, [1982] 3 WLR 869
England and Wales
Citing:
See Also – R and T Thew Ltd v Reeves CA 1982
A costs order had been drawn up incorrectly, and corrected without reference to the parties: ‘All the cases show that when a slip is corrected in this way, the correction dates back to the date when the document originally took effect . . unless . .
Cited by:
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 . .
Cited – Coll v Floreat Merchant Banking Ltd and Others QBD 3-Jun-2014
The court was asked whether it was possible to bring contempt proceedings against a solicitor for the breach of an undertaking other than one given to the court. The parties had been employee and employer. On the breakdown of that relationship, the . .
Lists of cited by and citing cases may be incomplete.
Legal Professions, Costs
Updated: 19 November 2021; Ref: scu.279005