||All England Reporter
|| All ER (D) 18 (Jul)
|| EWHC 3664 (QB)
||Queen's Bench Division
||John Hall Allen (instructed by Nabarro) for the claimants.
||Paul Parker (instructed by Jones Gray & Co) for the defendants.
||2 July 2008
Solicitor - Payment of costs by solicitor personally - Costs incurred unreasonably or improperly - Defendants seeking wasted costs order against claimants' solicitors in relation to their conduct of case - Whether grounds to make order.
Solicitor Payment of costs by solicitor personally. The defendants' application for a wasted costs order was dismissed, where it was clear that the claimants' solicitor's failure to expeditiously adduce expert evidence was as a result of unreasonable conduct which was not unfair to characterise as negligent or lamentable. However, having regard to the issue of causation, justice had required that the wasted costs order should not be made, as there was very little evidence surrounding the circumstances for discontinuation.
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