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| Item No. | Recommendations | Rules Affected | Amendment Rules | ||||
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| 62. | Recommendation 94 Rules along the lines of paragraphs 53.4 to 53.6 of the CPR Practice Direction on Costs, modified to exclude reference to liability based on negligence, should be issued providing guidance for the exercise of the court's discretion and discouraging disproportionate satellite litigation in relation to wasted costs orders. |
RHC Order 62 N.B. HCO section 52A also affected. See Item Nos. 12-15 of Annex C. |
Rule 111-113 | ||||
| 63. | Recommendation 95 Applications for wasted costs orders should generally not be made or entertained until the conclusion of the relevant proceedings. |
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| 64. | Recommendation 96 Rules should be issued making it clear (i) that it is improper to threaten wasted costs proceedings with a view to pressurising or intimidating the other party or his lawyers; and (ii) that any party who wishes to put the other side's lawyers on notice of a potential claim for wasted costs against them should not do so unless he is able, when doing so, to particularise the misconduct of such lawyers which is alleged to be causing him to incur wasted costs and to identify evidence or other materials relied on in support. |
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| 65. | Recommendation 97 Barristers should be made subject to liability for wasted costs under O 62 r 8. |
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