Wigg & Co - wasted costs order against whom?
Call us on 01892 529518. Experience counts.
See Byrne -v- Sefton HO [CO TRL 28th
See also Brown and another -v- Bennet and others [No 2] (Ch D TRL 21st
November, NLJ 23rd November 2001)
The principles to be applied in deciding
whether to make a 'wasted cost order' under order 62, rules 10(1) and
28(1) were given by the judgment of Sir Thomas Bingham MR in the case of
Ridehalgh v Horsefield and another and other appeals CA 14-17, 20, 21
December 1993, 26 January 1994. The judgment also defined the
circumstances in which such orders should or should not be made.
Wasted Costs Order over e-disclosure folios
West African Gas Pipeline Company Limited -v- Willbois Global Holding Inc (2012) EWHC 396. The Defendant successfully brought a claim for a Wasted Costs Order and was awarded £135,000.00 as a result of a number of failures and inefficiencies in dealing with electronic disclosures which rendered the Claimant's disclosure "wholly inadequate." The Defendant claimed the failures resulted in an increase in costs of £1.8 million. The areas included :
- 1. Inadequate identification, preservation and collection of all appropriate
- 2. Inadequate d-duplication and redaction.
- 3. Failure to harvest complete set of electronic communications for purposes of disclosure.
- 4. E-disclosure can require careful, early planning and ongoing project management.
Beware if you do not have experienced technically proficient providers.
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