The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
A wasted costs order is defined in CPR PD 46, para 5.1 as an order:
that a legal representative pay a sum in respect of the costs of a party; such sum to be specified or to be assessed, or
for costs relating to a specified sum or items of work that are disallowed
Wasted costs orders are not available to a satisfy a disgruntled party who has been unable to obtain an effective costs order ie they cannot be used as a back door to recover costs not otherwise recoverable. This was clearly set out by the Court of Appeal in Ridehalgh v Horsefield.
It is possible that where it is considered that an application for wasted costs against a solicitor would not succeed, an application for breach of an implied warranty of authority on the part of the solicitors could be brought where that breach resulted in damages by way of costs unnecessarily incurred. This potential route was put forward as an alternative to a wasted costs order in Zoya Ltd v Ahmed. Both the wasted costs and the breach of solicitor’s warranty applications failed—the defendant could not demonstrate reliance on the warranty in the sense of being induced by it to act to his prejudice. However, the case illustrates the
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Practical completion marks the end of the construction period of a project, when the works are 'finished' and the employer can occupy and/or use them. Practical completion also typically marks the start of the defects liability period/maintenance period.As explained below, practical completion is an
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
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