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Section 18:
Wasted costs
Proposal 33
In place of the powers currently conferred on the court by RHC Order 62 r 8(1), the court's
power to make wasted costs orders against solicitors should be exercisable where the wasted
costs are incurred as a result of any improper, unreasonable or negligent act or omission on
the part of a solicitor or any employee of such solicitor; or which costs, in the light of any
such act or omission occurring after they were incurred, the court considers it unreasonable
to expect that party to pay.
Interim Report paras 463-467
Proposal 34
The court's power to make wasted costs orders against solicitors should be extended to
cover barristers.
Interim Report paras 463-468
The court's jurisdiction to make wasted costs orders is presently contained in O 62 r 8
which materially provides as follows :-
"(1)
Subject to the following provisions of this rule, where in any proceedings costs are
incurred improperly or without reasonable cause or are wasted by undue delay or by
any other misconduct or default, the Court may make against any solicitor whom it
considers to be responsible whether personally or through a servant or agent an order -
(a)
disallowing the costs as between the solicitor and his client; and
(b)
directing the solicitor to repay to his client costs which the client has been
ordered to pay to other parties to the proceedings; or
(c)
directing the solicitor personally to indemnify such other parties against costs
payable by them.
(2)
No order under this rule shall be made against a solicitor unless he has been given a
reasonable opportunity to appear before the Court and show cause why the order
should not be made [with certain exceptions]."
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