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Waste not...

14 September 2012 / Lehna Hewitt , Kim Beatson
Issue: 7529 / Categories: Features , Family , Costs
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Kim Beatson & Lehna Hewitt track the latest developments surrounding wasted costs orders in family proceedings

A legal adviser whose conduct is improper, unreasonable or negligent can be ordered to pay the costs incurred by their own client or another party as a result of such conduct.

The term “legal adviser” has been broadly interpreted and could include counsel, solicitors or another representative. Counsel’s responsibility may include drafting and settling proceedings and is not limited to advocacy (Brown v Bennett [2002] 2 All ER 273).

A wasted costs order can even be made against expert witnesses who cause significant expense as a result of failing in their duty to the court (Phillips and Other v Symes and Others 2 [2004] EWHC 2330 (Ch), [2005] 4 All ER 519).

Making a wasted costs order

The power of the court to make a wasted costs order is found in s 51(6) of the Senior Courts Act 1981 and now

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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