MA Lloyd & Son Ltd v PPC International Ld (t/a Professional Powercraft) [2016] EWHC 2162 (QB) (22 August 2016)

MA Lloyd & Son Ltd v PPC International Ld (t/a Professional Powercraft) [2016] EWHC 2162 (QB) (22 August 2016)

Mr McCarthy, from 2012 onwards, was supervising solicitor conducting litigation for MAL, and his conduct was improper and unreasonable within the meaning of s.51(6) Senior Courts Act 1981, causing wasted costs. The litigation was solicitor-led, not merely client-driven, and Mr McCarthy failed to provide evidence to rebut direct allegations. The Court is satisfied that wasted costs were incurred due to his conduct, warranting a wasted costs order.

Citation
[2016] EWHC 2162 (QB)
Parties
Claimant: M A Lloyd & Son Ltd (in administration); Defendant/applicant: PPC International Limited (t/a Professional Powercraft); Third Party/respondent: Mr Roderick McCarthy
Jurisdiction
England and Wales
Judgment Date
22 August 2016
Procedural Posture
Application for Wasted Costs Order / Judgment on Application
Outcome
Wasted costs order granted against Mr McCarthy for costs incurred from 18 March 2013 to 7 July 2014.
Legal Topics
Wasted Costs, Solicitor Conduct, Abuse of Process, Warranty of Authority
Civil Procedure Professional Responsibility Wasted Costs Solicitor Conduct Abuse of Process Warranty of Authority

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Parties

M A Lloyd & Son Ltd (in administration)

Claimant

PPC International Limited (t/a Professional Powercraft)

Defendant/applicant

Mr Roderick McCarthy

Third Party/respondent

Procedural Posture

Application for Wasted Costs Order / Judgment on Application

Legal Issues

  1. 1 Whether Mr McCarthy conducted litigation as a solicitor for MAL within s.51(6) Senior Courts Act 1981 and s.119(1) Courts and Legal Services Act 1990
  2. 2 Whether Mr McCarthy's conduct was improper, unreasonable, or negligent causing wasted costs
  3. 3 Whether costs were caused by solicitor-led conduct or by client instructions

Ratio Decidendi

Mr McCarthy, from 2012 onwards, was supervising solicitor conducting litigation for MAL, and his conduct was improper and unreasonable within the meaning of s.51(6) Senior Courts Act 1981, causing wasted costs. The litigation was solicitor-led, not merely client-driven, and Mr McCarthy failed to provide evidence to rebut direct allegations. The Court is satisfied that wasted costs were incurred due to his conduct, warranting a wasted costs order.

Court Disposition

Wasted costs order granted against Mr McCarthy for costs incurred from 18 March 2013 to 7 July 2014.

Orders

  • Mr McCarthy to pay PPC's wasted costs for specified applications and hearings in HQ11X02186, HQ12X02165, HQ14X02001 from 18 March 2013 to 7 July 2014.