PJ Kirby QC and Gemma Witherington will review the principles of wasted costs orders; how to avoid them being made against you and how to make successful applications. They will review the recent High Court case of Kagalovsky and Balmore v Wilcox and others [2015] EWHC 1337 (QB) in which they successfully defended the solicitors.
The seminar will consider:
- The legal principles and jurisdiction to make a wasted costs order.
- Factors taken into account by the Court in exercising its discretion.
- Timing of applications and the impact of delay in making an application for wasted costs.
- What to do if you think your trial judge displayed bias.
- The role of privilege in making wasted costs applications.
- Costs of the wasted costs application itself.
