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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