THE JUDGE WAS RIGHT TO ALLOW A WASTED COSTS APPLICATION AGAINST THE CLAIMANT’S SOLICITORS TO PROCEED TO STAGE 2: MUCH TO THINK ABOUT HERE FOR CLINICAL NEGLIGENCE LAWYERS (AND INDEED ANYONE WHO DRAFTS PLEADINGS)
Here we are considering a case that covers issues relating to clinical negligence, the drafting of pleadings and wasted costs. It gives much to think about, particularly for those bringing professional negligence actions. (Choose the right type of doctor before…
COST BITES 272: CLAIMANTS ORDERED TO PAY SOME OF A DEFENDANT’S COSTS IMMEDIATELY, PRIOR TO JUDGMENT BECAUSE OF THE WAY IN WHICH THE TRIAL WAS CONDUCTED
Last week we had a judge discussing the “pay as you go” principle in litigation. Here we have a slight extension of that principle with the judge deciding that the claimants’ conduct of the the trial meant that they should…
COMMITTAL PROCEEDINGS “BROUGHT FOR COLLATERAL PURPOSES” DISMISSED: NOTICE TO SHOW CAUSE ISSUED AGAINST THE CLAIMANT’S SOLICITORS: WHY THIS IS A VERY DANGEROUS STRATEGY
There are many ways in which a litigant, dissatisfied with a judgment of the court can respond. They can apply to set the judgment aside; they can appeal; they can issue fresh proceedings attempting to argue that the action was…
WASTED COSTS ORDER MADE AGAINST SOLICITORS WHO HAD PURSUED A “HOPELESS” CASE: ATTEMPTS TO RELY ON PRIVILEGE WERE A RESORT TO A MERE “FIG LEAF”
It is rare for a wasted costs order to be made against a solicitor for pursuing what is seen as a “hopeless” case. However we have such an order in the case we are considering here. The Master found the…
MISCONDUCT IN ASSESSMENT AND REDUCTIONS IN COSTS 3: A REVIEW OF THE CASES 3: A CASE WHERE COSTS WERE HALVED AND A WASTED COSTS ORDER MADE AGAINST THE RECEIVING PARTY’S SOLICITOR
This is the third in this series looking at cases where misconduct has been alleged, or found, in the costs assessment process. We have here a bill of costs that was reduced substantially, which failed to beat a Part 36…
WHEN CASES RELIED UPON IN WRITTEN ARGUMENTS WERE SIMPLY “FALSE”: WASTED COSTS ORDER MADE AGAINST COUNSEL AND SOLICITORS
This blog celebrates its 12th anniversary next month. Civil Litigation Brief started as a column in the Solicitors Journal 35 years ago. Over that time many people have helpfully sent me and pointed me me to cases of interest. In…
WASTED COSTS ORDER MADE AGAINST FIRM OF SOLICITORS FOR FAILING TO INSTRUCT COUNSEL TO ATTEND A HEARING
In A Father v A Mother [2025] EWHC 364 (Fam) Ms H Markham KC, sitting as Deputy High Court judge, made a wasted costs order against a firm of solicitors. The solicitors had failed to take steps to ensure that…
APPLICATION FOR WASTED COSTS AGAINST CLAIMANT’S SOLICITORS DISMISSED: NO DUTY TO “DUMP” A CLIENT WHEN FUNDAMENTAL DISHONESTY IS ALLEGED
In Williams-Henry v Associated British Ports & Anor (Re Wasted Costs Order) [2024] EWHC 2415 (KB) Mr Justice Ritchie dismissed an application for wasted costs against the claimant’s solicitors. This dismissal took place at “stage one” – with the allegations…
LATE AND “HAPHAZARD” SERVICE OF TRIAL BUNDLES LEADS TO WASTED COSTS ORDER AGAINST CLAIMANT’S SOLICITORS (ON THE INDEMNITY BASIS)
There are numerous cases on this blog about trial bundles. The issues never seem to end and have not been solved by the advent of the electronic bundle. This can be seen in the judgment of Deputy High Court Judge…
WITNESS STATEMENTS AND WITNESS EVIDENCE: WHEN LAWYERS CAN BE THEIR OWN WORSE ENEMIES: “THE ABSENCE OF SUCH EVIDENCE IS IN THE NATURE OF A DEAFENING SILENCE”
There are numerous, indeed hundreds, of posts on this blog that deal with the difficulties that can arise in relation to witness statements and witness evidence. Often it is a failure to address basic and fundamental points in relation to…
COST BITES 139: A CLAIMANT WAS NOT AWARDED COSTS AGAINST HIS OWN SOLICITORS: WHAT HAPPENS WHEN YOU BURY YOUR HEAD IN THE SAND
The judgment of Deputy Master Grimshaw in Al Tarboush v Cassam [2024] EWHC 639 (KB) shows two things: (i) the limitations of the wasted costs procedure; (ii) the major procedural problems that can arise in the course of a case…
COSTS BITES 80: WHERE THE BILL OF COSTS WAS FOR IMAGINARY WORK AND “JUST FICTION”: ASSESSMENT SHINES A CLEAR LIGHT OF DEFICIENCES IN BILLS: AT SUBSTANTIAL COST TO THE CLAIMANTS’ SOLICITOR
The judgment of Senior Costs Judge Gordon-Saker in Ikin -v- Shawbrook Bank Limited [2023] EWHC 1075 (SCCO) contains many, many lessons of importance for those drafting and those signing bills of costs. The judge found that there were manifold failures…
WASTED COSTS AGAINST A SOLICITOR BECAUSE OF FAILURE TO ENSURE THE CLAIMANT HAD PROBATE PRIOR TO ISSUE: A CASE TO POINT
I am grateful to solicitor Jonathan Fuggle of Browne Jacobson for sending me a copy of the judgment in Rafferty -v- Royal Wolverhampton NHS Trust, a copy of which is available here 1460100_Rafferty v Royal Wolverhampton NHS Trust_Approved Judgment_31.05.22 (2). …
COSTS BITES 73: IN A WASTED COSTS APPLICATION THE APPLICANTS FAILED TO GET PAST THE FIRST STAGE
In King & Ors v Stiefel & Ors [2023] EWHC 453 (Comm) Mr Justice Jacobs refused to allow a wasted costs application to pass stage one of the process. The issues were too complex and the costs to high, to…
CLAIMANT FAILS IN AN APPLICATION FOR WASTED COSTS AGAINST HIS OWN LAWYERS: HOWEVER THERE IS AN IMPORTANT LESSON HERE
In Costa v Dissociadid Ltd & Anor [2023] EWHC 49 (IPEC) the claimant was unsuccessful in an application for wasted costs against his own lawyers. However the judgment tells us more than that. It is an object lesson in the…
COST BITES 32 : NON-PARTY COSTS ORDERS AGAINST DIRECTORS: A WORKING EXAMPLE
In OCM Maritime Nile Llc & Anor v Courage Shipping Co & Ors [2022] EWHC 2696 (Comm) Sir Andrew Smith considered, and applied, the principles relating to non-party costs orders against directors. “I infer that the defence of the claims…
COST BITES 20: COURT MAKES A THIRD PARTY COSTS ORDER ON THE BASIS OF MISCONDUCT OF LITIGATION: PARTIES GET THEIR JUST DESSERTS
In Ventures Food Ltd v Little Dessert Shop Limited [2022] EWHC 2437 (Ch) HHJ Richard Williams (sitting as a High Court judge) made a third party costs order on the basis of litigation misconduct by those who controlled a limited…
RESPONDENTS TO AN APPLICATION FOR PERMISSION TO APPEAL: YOU SHOULD HAVE SIMPLY WRITTEN A LETTER AND SAVED YOURSELVES £67,000
In over three decades of writing about civil procedure I cannot recall any cases about costs following a permission to appeal hearing. There are now two cases this week. In Kerseviciene v Quadri & Anor (Costs) [2022] EWHC 1757 (QB)…
WASTED COSTS ORDER MADE AGAINST SOLICITORS WHO DID NOT ENSURE THAT THEY HAD APPROPRIATE AUTHORITY TO ACT ON BEHALF OF A COMPANY
In Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1687 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) made a wasted costs order against a firm of solicitors who had acted for a limited company without…
THE SOLICITOR, SOCIAL MEDIA AND THE DUTY TO DISCLOSE: WHEN A SOLICITOR ADVISES THAT DOCUMENTS BE DELETED OR HIDDEN…
There is an interesting/alarming report of an (unnamed) case on Kennedy’s website here, as part of a general discussion about wasted costs. Discussing issues relating to fundamental dishonesty there is an account of a recent case where a claim had…
SOLICITOR SHOULD NOT HAVE BEEN COMPELLED TO ATTEND COURT TO GIVE EVIDENCE IN A WASTED COSTS APPLICATION
In Hunt v Annolight Ltd & Ors [2021] EWCA Civ 1663 the Court of Appeal overturned a decision that a solicitor should be compelled to attend court to give evidence in a wasted costs application. “Any requirement for a solicitor…
EXPERT HAD A “FLAGRANT DISREGARD FOR HIS DUTY TO THE COURT”: ORDERED TO PAY £50,500 WASTED COSTS
NB – THE COSTS ORDER AGAINST THE EXPERT IN THIS CASE WAS OVERTURNED ON APPEAL. THE JUDGMENT ON APPEAL CAN BE FOUND HERE. The judgment of Recorder Hudson in Robinson -v- Liverpool University Hospital NHS Foundation Trust & Dr Chris…
WASTED COSTS AND THE SOLICITOR AS TARGET: “HEAVY SATELLITE LITIGATION IS TO BE DEPRECATED”
The judgment of Mr Justice Bryan in Lakatamia Shipping Co Ltd v Su & Ors [2021] EWHC 2702 (Comm) is essential reading for anyone contemplating making a wasted costs application. It is, of course, equally important for anyone defending such…
COURT CAN COMPEL SOLICITOR TO ATTEND COURT TO EXPLAIN THEMSELVES (THIS CASE WAS OVERTURNED ON APPEAL)
NB THIS CASE WAS OVERTURNED ON APPEAL, SEE THE DECISION AT Hunt v Annolight Ltd & Ors [2021] EWCA Civ 1663 The decision of Mr Justice Saini in Hunt Annolight Ltd & Ors [2020] EWHC 3744 (QB) has just arrived on…
CIVIL PROCEDURE AND COSTS ROUND UP: FEBRUARY 2021
A round up of posts and articles about civil procedure and costs in February 2021. THE CIVIL PROCEDURE RULES The Law Society Gazette Litigants baffled as Civil Procedure Rules move to new site Litigation Futures Minister promises urgent review of…
FAILED ATTEMPT TO OBTAIN COSTS FROM A JOINT EXPERT: A LOT TO LEARN HERE
In Walker -v- TUI UK Limited (Manchester County Court 14th January 2021)* District Judge Obodai considered an application by the defendant to join a jointly instructed expert into the action as a party for the purpose of obtaining costs against…
FUNDAMENTAL DISHONESTY AND WASTED COSTS AGAINST A SOLICITOR: THE BURDEN IS ON THE APPLICANT TO PROVE CAUSATION
The judgment of Mrs Justice Lambert in Razaq v Iqbal & Ors [2019] EWHC 3924 (QB) provides an interesting example of a failure to prove causation in a wasted costs application. A solicitor had been negligent in failing to pass…
SERVICE, JURISDICTION AND WASTED COSTS: A CASE TO POINT
We looked earlier at the judgment of Master Cook in Jovicic & Ors v The Serbian Orthodox Church-Serbian Patriarchy [2020] EWHC 2229 (QB) in relation to late service of the claim form. That judgment also considers the wasted costs application….
SERVING THE COURT FORM (AFTER) THE LAST MINUTE: COURTING DISASTER LEADING TO A WASTED COSTS ORDER BEING MADE
The judgment of Master Cook in Jovicic & Ors v The Serbian Orthodox Church-Serbian Patriarchy [2020] EWHC 2229 (QB) provides an object lesson on the dangers of not serving the claim form well within the four month period. The judgment…
NO COSTS ORDER AGAINST SOLICITORS OR COUNSEL WHO WERE ACTING ON A CONDITIONAL FEE BASIS
In Willers v Joyce & Ors [2019] EWHC 2183 (Ch) Lady Justice Rose dismissed an application for costs against solicitors and counsel who had represented an unsuccessful party on a conditional fee basis. “… there is a strong public interest…
DENTON PRINCIPLES LEAD TO APPLICATION FOR WASTED COSTS BEING STRUCK OUT: THE CONTINUANCE OF THE APPLICATION WAS DISPROPORTIONATE
The Denton principles were applied by the Administrative Court in Haigh v Westminster Magistrates Court & Or [2017] EWHC 3197 (Admin) when striking out an application for wasted costs. “It must not be forgotten that these are satellite proceedings, adjectival to…
NON-SOLICITOR LITIGATION ENTITIES AND WASTED COSTS: WANT TO BE £102,000 OUT OF POCKET?
An earlier post looked at the issues relating to litigation being conducted by an non-authorised entity. In M A Lloyd & Son Ltd -v- PPC International Limited [2016] EWHC 2162 (QB) issues of wasted costs arose in relation to a…
SCHEDULES OF DAMAGES, WASTED COSTS AND THE STATEMENT OF TRUTH
It is important that the report of the decision in Brown -v- Haven by Flint Bishop in their post on wasted costs order is given wide publicity. The judgment of Deputy District Judge Lingard is available here. (This is one…
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