Wasted Costs Order

A wasted costs order under s.51(6) of the Senior Courts Act 1981 requires a legal representative personally to pay costs they have caused to be wasted through improper, unreasonable, or negligent conduct. It is the court's power to impose costs on lawyers (not parties) where their conduct has caused unnecessary costs to be incurred by any party.

In practice

The jurisdiction is exercised cautiously. The court must be satisfied that the conduct was improper, unreasonable, or negligent, that costs were wasted as a result, and that it is just to order the legal representative to pay. The application is made in two stages: first, the court considers whether there is a prima facie case; second, the legal representative is given an opportunity to show cause why the order should not be made.