The following Family guidance note Produced in partnership with David Salter of Mills & Reeve provides comprehensive and up to date legal information covering:
A wasted costs order is an order:
that a legal representative pay a sum (either specified or to be assessed) in respect of costs to a party, or
for costs relating to a specified sum or items of work to be disallowed
Such orders can be made at any stage in the proceedings, up to and including detailed assessment proceedings, but generally an application for wasted costs is left until after the final hearing.
The rules governing wasted costs are contained in the Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 46 and the corresponding Practice Direction (PD) 46. CPR Part 46 and CPR PD 46 apply to costs in family proceedings by virtue of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.2.
CPR PD 46 provides that it may be appropriate for the court to make a wasted costs order against a legal representative where:
the legal representative has acted improperly, unreasonably or negligently
the legal representative's conduct has caused a party to incur unnecessary costs, or has meant that costs incurred by a party prior to the improper, unreasonable or negligent act or omission have been wasted, and
it is just in all the circumstances to order the legal representative to compensate that party for the whole or part of those costs
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234