Wasted time on wasted costs.
Courts still cannot agree on whether wasted costs orders are penal sanctions or compensatory remedies.
Wasted costs orders against lawyers, which arise out of Section 51 ofthe Supreme Court Act 1981, have caused confusion for the profession and
have resulted in costly litigation for insurers. Though it is meant to be
a simple, straightforward procedure, the cost of pursing a protracted
claim for wasted costs is often disproportionate to the value of the claim
itself.
The procedure is significant for solicitors and counsel, their brokers and
the professional indemnity insurers that may have to pay
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