Claimant lawyers ordered to pay half the costs of a fundamentally dishonest personal injury claim – Law Society’s Gazette

‘A defendant firm has hailed a rare court decision where a claimant’s lawyers were ordered to pay towards the costs of a fundamentally dishonest claim.’

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Law Society's Gazette, 28th March 2024

Source: www.lawgazette.co.uk

Firm avoids wasted costs order despite ‘reprehensible’ mistakes – Law Society’s Gazette

Posted March 28th, 2024 in case management, delay, law firms, news, personal injuries, wasted costs orders by tracey

‘The High Court has rejected a client’s bid for a wasted costs order against his former solicitors – despite being heavily critical of repeated failings in running the case.’

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Law Society's Gazette, 27th March 2024

Source: www.lawgazette.co.uk

Shell seeks millions in costs from law firm over failed oil spill claim – Legal Futures

Posted March 25th, 2024 in class actions, costs, disclosure, law firms, news, solicitors, wasted costs orders by tracey

‘Listed law firm Rosenblatt is facing the prospect of having to pay out millions of pounds after the High Court allowed proceedings for costs orders against it to proceed.’

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Legal Futures, 25th March 2024

Source: www.legalfutures.co.uk

High Court upholds wasted costs order against law firm – Legal Futures

‘A circuit judge was entitled to make a wasted costs order against a firm of solicitors that failed to translate their client’s statement and pleadings for use at trial, the High Court has ruled.’

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Legal Futures, 18th March 2024

Source: www.legalfutures.co.uk

Wasted costs against representative acting according to client’s instructions refused – Law Society’s Gazette

‘An employment judge has refused an application for wasted costs against a lay representative after finding he only “did his client’s bidding.”’

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Law Society's Gazette, 22nd January 2024

Source: www.lawgazette.co.uk

Barrister reprimanded for “unreasonable” conduct of immigration case – Legal Futures

‘A barrister made subject to a wasted costs order because of his conduct of an immigration judicial review has been reprimanded and fined by the Bar Standards Board (BSB).’

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Legal Futures, 30th August 2023

Source: www.legalfutures.co.uk

Wasted Costs in the Commercial Court – Hailsham Chambers

‘In King v Stiefel (Wasted Costs) [2023] EWHC 453 (Comm), the Commercial Court emphatically rejected applications for wasted costs against a barrister and his instructing solicitors, in relation to a claim which had been struck out. The case is a good example of how difficult it is to obtain a wasted costs order against lawyers. William Flenley KC acted for the successful solicitors.’

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Hailsham Chambers, 8th March 2023

Source: www.hailshamchambers.com

Firm ordered to pay wasted costs over lack of authority to act – Legal Futures

‘A law firm has been ordered to pay wasted costs of £7,920 for not satisfying itself that the director of a company in deadlock with the other director had the authority to give it instructions.’

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Legal Futures, 5th July 2022

Source: www.legalfutures.co.uk

CA: Lawyers can be cross-examined in wasted costs applications – Legal Futures

Posted November 12th, 2021 in appeals, costs, cross-examination, law firms, news, solicitors, wasted costs orders by tracey

‘Judges have the power to direct cross-examination of a lawyer against whom a wasted costs order is sought, but it should be “very much the exception”, the Court of Appeal said yesterday.’

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Legal Futures, 12th November 2021

Source: www.legalfutures.co.uk

Court throws out wasted costs order bid against Baker McKenzie – Law Society’s Gazette

Posted October 13th, 2021 in costs, law firms, news, professional conduct, wasted costs orders by tracey

‘A High Court judge has opted against making a wasted costs order against global firm Baker McKenzie following an application from their litigation opponents.’

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Law Society's Gazette, 12th October 2021

Source: www.lawgazette.co.uk

Barrister reprimanded for talking to lay opponent without their lawyer – Legal Futures

‘A barrister whose actions in speaking to the opposing lay client in the absence of their lawyer led a court to adjourn a hearing has been sanctioned by a disciplinary tribunal.’

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Legal Futures, 14th May 2021

Source: www.legalfutures.co.uk

“Negligent” firm avoids wasted costs order after failing to pass on offer – Litigation Futures

Posted October 1st, 2020 in costs, law firms, negligence, news, wasted costs orders by sally

‘The High Court has upheld a decision not to order wasted costs against a law firm that failed to pass on a “drop hands” settlement offer to a client who was ultimately found to be fundamentally dishonest.’

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Litigation Futures, 30th September 2020

Source: www.litigationfutures.com

No wasted costs order after QC instructed on wrong issue – Litigation Futures

Posted July 28th, 2020 in appeals, news, stay of proceedings, time limits, VAT, wasted costs orders by sally

‘The First-tier Tribunal has refused to grant HM Revenue & Customs (HMRC) a wasted costs order despite its opponents instructing their QC on the wrong issue.’

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Litigation Futures, 23rd July 2020

Source: www.litigationfutures.com

CA: Judge wrong to discharge jury over barrister’s closing speech – Legal Futures

Posted August 2nd, 2019 in barristers, juries, jury directions, legal aid, news, wasted costs orders by tracey

‘A judge was wrong to discharge the jury in a criminal trial after “inappropriate” remarks by the defence barrister in his closing speech, the Lord Chief Justice has ruled.’

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Legal Futures, 2nd August 2019

Source: www.legalfutures.co.uk

Tribunals must “proceed with care” over wasted costs orders where privilege is not waived – Litigation Futures

Posted September 4th, 2018 in costs, employment tribunals, negligence, news, privilege, tribunals, wasted costs orders by sally

‘Employment tribunals should generally give the benefit of doubt to a legal representative facing a wasted costs applications where their client refuses to waive privilege, the president of the Employment Appeal Tribunal (EAT) has decided.’

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Litigation Futures, 31st August 2018

Source: www.litigationfutures.com

Can a party withdraw from adjudication part way through and what are the implications? – Practical Law: Construction Blog

Posted October 17th, 2017 in construction industry, costs, dispute resolution, news, wasted costs orders by tracey

‘Jacobs UK Ltd v Skanska Construction UK Ltd was a dispute all about the adequacy of Jacobs’ design services, which related to street lighting in Lewisham and Croydon. It highlights some interesting issues related to whether a party is entitled to withdraw from an adjudication and then start again.’

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Practical Law: Construction Blog , 17th October 2017

Source: constructionblog.practicallaw.com

Recovering costs – helpful hints (private law) – Local Government Lawyer

‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’

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Local Government Lawyer, 9th June 2017

Source: www.localgovernmentlawyer.co.uk

Cost benefit analysis – New Law Journal

Posted October 31st, 2016 in civil procedure rules, costs, news, wasted costs orders by sally

‘Costs orders: who pays & when, asks Kerry Underwood.’

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New Law Journal, 20th October 2016

Source: www.newlawjournal.co.uk

Cost benefit analysis – New Law Journal

Posted October 24th, 2016 in costs, news, privilege, solicitors, wasted costs orders by michael

‘Wasted costs orders can only be made against a representative, whereas non-party costs orders can be made against anyone, including a representative.’

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New Law Journal, 20th October 2016

Source: www.newlawjournal.co.uk

‘I Started Something I Couldn’t Finish’ – Wasted Costs Application Against Legal Representatives – Zenith PI Blog

‘Anecdotal evidence suggests that Defendants in failed personal injury claims are increasingly making use of the Court’s wasted costs powers in an attempt to recover costs from Claimants’ legal representatives. Often this is in cases where the Defence is either explicitly or implicitly one of fraud. In such cases the terms of the ATE insurance (if indeed any is held by the Claimant) are often such that the policy does not pay out. Thus, Defendants are sometimes left in the position of holding a costs order against a ‘man of straw’. To circumvent this problem it seems some Defendants are making costs applications against legal representatives directly, using the wasted costs jurisdiction. The recent case of Kagalovsky v Balmore Invest Ltd [2015] EWHC 1337 (QB)[1] provides a salutary reminder of the difficulties a party faces when seeking to persuade a Court to make a wasted costs order.’

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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com