In addition to the court’s powers under CPR 44.11, the court can also order a legal representative to pay a specified sum of costs to a party or disallow a specific sum where costs have been wasted (CPR 46.8).

The court may make a wasted costs order only if:

(i) The legal representative has acted improperly, unreasonably or negligently;

(ii) his conduct has caused a party to incur unnecessary costs or has meant that costs previously incurred have been wasted; and

(iii) it is just in all the circumstances to order him to compensate that party for the whole or part of those costs.