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 the supervising solicitor conducting the litigation for MAL and performed relevant ancillary functions. The conduct of the litigation, including repeated hopeless applications and appeals, was improper and unreasonable, amounting to an abuse of process. Mr McCarthy's actions were causative of the wasted costs incurred by PPC. The requirements for a wasted costs order under s.51(6) Senior Courts Act 1981 were satisfied.

Citation
[2016] EWHC 2162
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 Orders, Solicitor Conduct, Abuse of Process, Warranty of Authority
Civil Procedure Legal Profession Wasted Costs Orders Solicitor Conduct Abuse of Process Warranty of Authority

Case Brief

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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 acted as a solicitor conducting litigation for MAL within the meaning of s.119(1) Courts and Legal Services Act 1990
  2. 2 Whether Mr McCarthy's conduct was improper or unreasonable so as to justify a wasted costs order under s.51(6) Senior Courts Act 1981
  3. 3 Whether the costs incurred by PPC were caused by Mr McCarthy's conduct or by the instructions/wishes of the client

Ratio Decidendi

Mr McCarthy, from 2012 onwards, was the supervising solicitor conducting the litigation for MAL and performed relevant ancillary functions. The conduct of the litigation, including repeated hopeless applications and appeals, was improper and unreasonable, amounting to an abuse of process. Mr McCarthy's actions were causative of the wasted costs incurred by PPC. The requirements for a wasted costs order under s.51(6) Senior Courts Act 1981 were satisfied.

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 International Limited the wasted costs as set out in the schedule for the period 18 March 2013 to 7 July 2014.