Jurisdiction(s):
United Kingdom

Key definition

Wasted costs order definition

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...

Wasted costs orders: case law digest on AI‑fabricated authorities, improper conduct, procedural non‑compliance and lack of authority to act

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Practice notes

Case, citation and News Analysis

This Practice Note collates costs decisions in which the court has imposed a wasted costs order. The judgments below illustrate circumstances where such orders were made. The newest ruling appears first.

Minh v Da Guang Tankers (Private) Ltd [2026] EWHC 793 (Admlty)

Factual background

In collision proceedings, the claimant’s solicitors stated they were instructed by both the claimant and his hull insurers, PVI. It was later established they lacked authority from PVI, although the court found they did hold authority from the claimant himself.

Judgment

The Admiralty Court held that the solicitors’ admitted absence of authority from PVI amounted to a breach of warranty of authority and also merited a wasted costs order. The court determined that the representation that insurers stood behind the claim materially influenced the defendants’ decisions, causing them and their Club to accept English jurisdiction, provide security and incur substantial costs defending the claim in England. It rejected arguments on...

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Web page updated on 21/05/2026

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