| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 515 (Jul) |
| Neutral Citation: | [2003] EWCA Civ 1134 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Aldous, Mance and Latham LJJ |
| Representation | John Ross QC and Alastair Hammerton (instructed by Beachcroft Wansbroughs, Manchester) for the claimant's solicitors. |
| Clive Freedman QC (instructed by Shammah Nicholls, Manchester) for the defendant. | |
| Judgment Dates: | 30 July 2003 |
Catchwords
Costs - Wasted costs order - Order made against solicitor - Test to be applied - Appropriateness of order in circumstances.
The Case
In the circumstances of the instant case, the judge could not have concluded, in the absence of a waiver of privilege, that no reasonably competent legal representative would have continued with the action and, therefore, the judge had erred in concluding that a wasted costs order was appropriate.
Practice Areas
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