wasted costs

Applications concerning misconduct or wasted costs: Personal liability of legal representatives for costs – wasted costs orders

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.

Extract from the Senior Courts Costs Office Guide 2018

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OTHER EXTRACTS

Duty to inform counsel

Legal Aid cases: Duty to inform counsel

legal-aid

Legal Aid cases: Costs payable only out of the legal aid fund

Costs of detailed assessment proceedings

Legal Aid cases: Costs of detailed assessment proceedings

Procedure where costs are payable by another person as well as out of the legal aid fund

Legal Aid cases: Procedure where costs are payable by another person as well as out of the legal aid fund

Costs payable by a party as well as the LAA

Legal Aid cases: Costs payable by another person as well as out of the legal aid fund

Legal Aid

Legal Aid cases: Introduction

Litigants in person - Calculation of disbursements

Litigants in person: Calculation of disbursements

Litigants in person - Calculation of charges for time spent by a litigant in person preparing the case

Litigants in Person: Calculation of charges for time spent by a litigant in person preparing the case

Litigants in person - Procedure on detailed assessment

Litigants in Person: Procedure on detailed assessment

Litigants in person - Costs recoverable by litigants in person

Litigants in Person: Costs recoverable by litigants in person

assessment

Costs only proceedings: Conducting the detailed assessment proceedings

obtaining the order for costs

Costs only proceedings: Obtaining the order for costs

eight ball

Costs only proceedings: The application under CPR Part 8

costs only proceedings

Costs only proceedings: Introduction

judges bench

Appeals from costs judges: Conduct of the appeal

documentation on appeals

Appeals from costs judges: Documentation on appeals

21 days

Appeals from costs judges: Time limits for appeals

permission required

Appeals from costs judges: Seeking permission to appeal

appeal route

Appeals from costs judges: Routes of appeal

conduct of appeal

Appeals from costs officers: Conduct of the appeal

documentation on appeals

Appeals from costs officers: Documentation on appeals

time limit to appeal

Appeals from costs officers: Time limits for appeals

permission granted

Appeals from costs officers: Seeking permission to appeal

appeal from costs officers

Appeals from costs officers: Route of appeal

pen and paper

Criminal fees appeals: Divisional court/administrative court central funds assessments

time limits

Criminal fees appeals: Time limits

second appeal

Criminal fees appeals: Further appeal

what's next

Criminal fees appeals: Procedure subsequent to the appeal

video link

Criminal fees appeals: Appeals by telephone or video link

advocate

Criminal fees appeals: Appeals by the same advocate

multi-handed appeals

Criminal fees appeals: Multi-handed appeals

appeal hearing

Criminal fees appeals: The hearing of an appeal

paper appeal

Criminal fees appeals: Appeals on paper only

delay in requesting a detailed assessment hearing

Application concerning delay in commencing detailed assessment proceedings or in requesting a detailed assessment hearing: Sanction for delay in requesting a detailed assessment hearing

lodging papers for appeal

Criminal fees appeals: Lodging of documents in support of appeal

supplementary grounds of appeal

Criminal fees appeals: Supplementary grounds of appeal

grounds of appeal

Criminal fees appeals: The grounds of appeal

notice of appeal

Criminal fees appeals: The Notice of Appeal

practice direction

Criminal fees appeals: The Criminal Costs Practice Direction

bad dog

Criminal fees appeals: Introduction

Requests for a detailed assessment hearing: Forms of request

jackson report

The electronic bill: The Jackson Report and Precedent S

interim payment in COP cases

Court of Protection cases: Payments on account

costs after P's death

Court of Protection cases: Costs following P’s death

Costs of sale of a property

Court of Protection cases: Costs of sale or purchase of property

remuneration from estate

Court of Protection cases: Remuneration of a deputy, donee or attorney

Where proceedings concern P’s property and affairs

Court of Protection cases: Where proceedings concern P’s property and affairs

non professional deputy

Court of Protection case: Non-professional deputies

Incidence of costs – the general rule

Court of Protection cases: Incidence of costs – the general rule

Commencing a detailed assessment

Court of Protection cases: Commencing a detailed assessment

authorities to assess

Court of Protection cases: Authorities to assess costs

Court of Protection cases: Bill format

Court of Protection cases: Bill format

Court of Protection cases: Fixed costs

Court of Protection cases: Fixed costs

Court of Protection cases: Agreed costs

Court of Protection cases: Agreed costs

orders for costs

Court of Protection cases: Orders and directions as to costs

court of protection

Court of Protection cases: Introduction

one fifth rule

Solicitor and client assessments: The costs of the assessment

judge

Solicitor and client assessments: The hearing of the application

commencing the application

Solicitor and client assessments: Commencing the application

forms to use

Solicitor and client assessments: The forms to use

Know Your Rights

Solicitor and client assessments: Detailed assessment as of right or on terms

solicitor and client

Solicitor and client assessments: Introduction

deciding whether to apply for a waster costs order

Applications concerning misconduct or wasted costs: Deciding whether to make a wasted costs order

procedural steps

Applications concerning misconduct or wasted costs: Procedural steps on applications for a wasted costs order

wasted costs

Applications concerning misconduct or wasted costs: Principles on which wasted costs orders are made

wasted costs

Applications concerning misconduct or wasted costs: Personal liability of legal representatives for costs - wasted costs orders

misconduct

Applications concerning misconduct or wasted costs: Misconduct by litigants or legal representatives

Setting aside a default costs certificate

Applying to set aside a default costs certificate: Orders and directions on set aside applications

setting aside a default costs certificate

Applying to set aside a default costs certificate: Application by paying party

Applying to set aside a default costs certificate

Applying to set aside a default costs certificate: Application by receiving party

time to pay

Obtaining a payment on account or an interim costs certificate: Time for payment and enforcement

Agreement

Obtaining a payment on account or an interim costs certificate: Agreement

Interim

Obtaining a payment on account or an interim costs certificate: Form of interim costs certificate

When to apply for interim costs

Obtaining a payment on account or an interim costs certificate: When to apply

sanction

Application concerning delay in commencing detailed assessment proceedings or in requesting a detailed assessment hearing: Sanction for delay in commencing detailed assessment proceedings

default costs certificate

Obtaining a default costs certificate: Effect of a default costs certificate

default costs certificate

Obtaining a default costs certificate: Form of default costs certificate

does not apply

Obtaining a default costs certificate: Cases in which the default costs certificate procedure does not apply

default costs certificate

Obtaining a default costs certificate: When and how to apply

other applications

Applications in detailed assessment proceedings: Other applications

stay

Applications in detailed assessment proceedings: Stay of enforcement of costs certificates

stay

Applications in detailed assessment proceedings: Stay of detailed assessment proceedings

Change of legal representative

Applications in detailed assessment proceedings: Change of legal representative

Agreed costs certificate

Applications in detailed assessment proceedings: Agreed costs certificates

Examples of the types of applications which may be made

Applications in detailed assessment proceedings: Examples of the types of applications which may be made

evidence in support of applications

Applications in detailed assessment proceedings: Evidence in support of applications

Form-N244-Aplication-Notice

Applications in detailed assessment proceedings: Applications generally

High Court

Final costs certificates: Enforcement of certificate

stay

Final costs certificates: Order to stay enforcement

Final costs certificates: Effect of final costs certificate

14 days

Final costs certificates: Failure to file completed bill of costs

completing the bill of costs

Final costs certificates: Completing the bill of costs

Minimising the expense of production

Production of confidential documents in detailed assessment hearings: Avoiding or minimising the expense and delay of production

court's power to order disclosure of documents

Production of confidential documents in detailed assessment hearings: Court’s power to order production of documents

duty to lodge documents

Production of confidential documents in detailed assessment hearings: Receiving party’s duty to lodge documents

Interest on costs: Effect on final costs certificates

Interest on costs: Effect on final costs certificates

interest

Interest on costs: Entitlement to interest on costs

fixed costs

Costs of detailed assessment proceedings: Fixed costs

costs of provisional assessment

Costs of detailed assessment proceedings: Provisional assessments

quiet

Costs of detailed assessment proceedings: Where an offer to settle is not accepted

Applications concerning misconduct or wasted costs, CPR 44.11, CPR 46.8