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Wasted costs order meaning

What does Wasted costs order mean?
An order requiring a legal representative (for example, a solicitor, barrister or firm) personally to pay costs that have been wasted because their conduct in the litigation was improper, unreasonable or negligent. It shifts liability for unnecessary costs from the client to the lawyer whose acts or omissions caused them. In England and Wales, the jurisdiction arises under s.51 of the Senior Courts Act 1981 and CPR r.46.8; the leading case Ridehalgh v Horsefield explains the three-stage approach and what amounts to improper, unreasonable or negligent conduct. The court must identify the conduct, find that it caused costs to be incurred unnecessarily, and decide that it is just to make the representative, rather than the client, pay. The application is usually dealt with summarily and the lawyer must be given a fair opportunity to respond. Wasted costs orders are exceptional and are not a device to punish mere error, robust advocacy or tactical choices reasonably open at the time. Comparable powers exist in Northern Ireland and Ireland (through statutory and inherent jurisdiction), and in Scotland the court may find an agent personally liable in expenses for comparable misconduct. Usage and effect are broadly consistent across the UK and Ireland.
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NEWS
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NEWS
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NEWS
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PRACTICE NOTES
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PRACTICE NOTES
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PRACTICE NOTES
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