I11.361B Wasted costs

I11.361B Wasted costs

Wasted costs are defined as costs incurred by a party as a result of 'any improper, unreasonable or negligent act or omission' of any representative or employee of a representative, which the Tribunal considers it unreasonable to expect a party to pay1. When deciding whether to make a wasted costs order, the Tribunal must take account of the fact that legal privilege may prevent a representative from telling the whole story. An order should only be made if the Tribunal is clearly satisfied that it is fair to do so.

In general, an order should only be made

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