Geraldine Morris examines where the fault lies for wasted costs
In Fisher Meredith v JH and PH (Financial Remedy: Appeal: Wasted Costs) [2012] All ER (D) 157 (Mar), the appellant firm appealed a wasted costs order made in relation to an adjournment in a case which involved the complexity of several parties to the proceedings and evidence served at a very late stage prior to a final hearing.
In brief, the background to the case was that the final hearing of the wife’s claim in financial remedy proceedings was listed before a district judge and that, during the course of the proceedings, she had applied to set aside a transfer of shares from the husband to the second respondent, his aunt. There was a dispute as to the beneficial ownership of the shares.
Two days prior to the final hearing, the wife’s solicitors (the appellant in the wasted costs proceedings) were provided with a further 123 pages of documents by the second respondent’s solicitors which related to events in 1998, as well as a skeleton
