law costs draftsmen

Wigg & Co - wasted costs order against whom?

Call us on 01892 529518. Experience counts.

See Byrne -v- Sefton HO [CO TRL 28th November 2001]

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 Electronic documentation.
  • 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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