||All England Reporter
|| All ER (D) 515 (Jul)
|| EWCA Civ 1134
||Court of Appeal, Civil Division
Aldous, Mance and Latham LJJ
||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.
||30 July 2003
Costs - Wasted costs order - Order made against solicitor - Test to be applied - Appropriateness of order in circumstances.
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.
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