Source: All England Reporter
Publisher Citation: [2011] All ER (D) 140 (Nov)
Court: Chancery Division
Judge:

Bernard Livesey QC sitting as a judge of the High Court (judgment delivered extempore)
Representation Stephen Acton (instructed by KPM Solicitors) for the architects.
  Dr Tim Sampson (instructed by Cubism Law) for KS.
Judgment Dates: 10 November 2011

Catchwords

Solicitor - Payment of costs by solicitor personally - Costs incurred unreasonably or improperly - Claimant architects seeking to fund property development - Architects unable to repay money borrowed from company - Company serving statutory demand on architects - Issue of value of development arising during hearing to set aside statutory demand - Architects' solicitor giving instructed barrister authorisation to provide information to court - Solicitor undertaking to verify information - Claimants contending court misled by misstatements and/or induced to make order by misstatements - Claimants seeking wasted costs order against solicitor - Supreme Courts Act 1981, s 51(6) - CPR 48.7.

The Case

Solicitor Payment of costs by solicitor personally. The Chancery Division made a wasted costs order against a solicitor who, in the course of proceedings, had given an undertaking that had resulted in the court proceeding on the basis of a misunderstanding caused by the information she had negligently provided.

Practice Areas

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