header-logo header-logo

13 June 2013
Issue: 7564 / Categories: Case law , Law digest , In Court
printer mail-detail

Solicitors

Mengiste and another v Endowment Fund for the Rehabilitation of Tigray and others [2013] EWHC 1087 (Ch), [2013] All ER (D) 32 (Jun)

The power of the court to make a wasted costs order against solicitors was contained in s 51(6) to (7) of the Act. For a wasted costs order to be made: (i) the claimant had to be able to demonstrate that the defendants had been guilty of conduct which was negligent, unreasonable, or improper; and (ii) the claimant had to be able to demonstrate such conduct had resulted in costs being incurred by the claimant which would otherwise have been avoided; and (iii) it was fair just and equitable for the court to exercise its discretion so as to make an order against the defendant in favour of the claimant. The summary procedure for wasted costs was a blunt instrument. It was not suitable for use in every situation where a party to proceedings sought to criticise the manner in which those proceedings had been conducted by the other side. It required a certain amount of robustness and it had to be borne in mind

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll