Wigg & Co - remedies
for extravagant conduct by opposition
Call us on 01892 529518. Experience counts.
(a) A prospective cost
capping order
(b) A retrospective assessment of costs conducted in accordance with the
principles of the CPR
(c) A wasted costs order
(a) Should be the Court's first response when a concern is raised by
Defendants. In deciding what order to make the Court should take the
principle set out in CPR rule 44.3 governing the retrospective
assessment of costs is an important point of reference. An appropriate
case Court had power to impose cost capping see S51 of the Supreme Court
Act 1981 and CPR rule 3.1 (2)(m), see also A B v Leeds Teaching
Hospitals NHS Trust (2003) EWHC 1034.
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