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 s 4 of the Courts and Legal Services Act 1990. There
