Disallowed costs and case management

‘Negligent’ child care lawyers

The case of Re L (Case Management: Wasted Costs) [2016] EWFC B8 – where HHJ Bellamy in the Family Court awarded ‘wasted costs’ against solicitors in care proceedings – is difficult to reconcile with the mainstream of wasted costs orders in the civil courts. The judge (para [58]) defines his jurisdiction (Senior Courts Act 1981 (‘SCA 1981’) s 51(6) and (7)):

'(6) In any proceedings [where the court considers an order for costs] the court may disallow or (as the case may be) order the legal or other representative concerned to meet the whole of any wasted costs or such part of them as may be determined in accordance with rules of court.

(7) In subsection (6) "wasted costs" means any costs incurred by a party

(a) as a result of any improper unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or

(b) which in the light of any such act or omission occurring after they were incurred ...

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