MA Lloyd & Son Ltd v PPC International Ld (t/a Professional Powercraft)

MA Lloyd & Son Ltd v PPC International Ld (t/a Professional Powercraft)

Mr McCarthy, from 2012 onwards, was supervising solicitor conducting litigation for MAL. His conduct in pursuing repeated, hopeless applications and appeals, and failing to advise the client appropriately, was improper and unreasonable, solicitor-led, and causative of wasted costs. He failed to provide evidence to the contrary. Wasted costs orders are justified for specific sums where his conduct was found to be causative.

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
Wasted Costs Application / Judgment on Application for Wasted Costs Order
Outcome
Wasted costs order granted in part against Mr McCarthy
Legal Topics
Wasted Costs Orders, Solicitor Conduct, Abuse of Process, Warranty of Authority
Civil Procedure Costs 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

Wasted Costs Application / Judgment on Application for Wasted Costs Order

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 the conduct of proceedings by Mr McCarthy was improper or unreasonable and solicitor-led
  3. 3 Whether the wasted costs were caused by Mr McCarthy's acts or by client instruction

Ratio Decidendi

Mr McCarthy, from 2012 onwards, was supervising solicitor conducting litigation for MAL. His conduct in pursuing repeated, hopeless applications and appeals, and failing to advise the client appropriately, was improper and unreasonable, solicitor-led, and causative of wasted costs. He failed to provide evidence to the contrary. Wasted costs orders are justified for specific sums where his conduct was found to be causative.

Court Disposition

Wasted costs order granted in part against Mr McCarthy

Orders

  • Mr McCarthy to pay wasted costs totalling £101,058.00, comprising £8,640.00, £10,400.00, £70,293.00, £1,325.00, £4,400.00, and £6,000.00 as identified in the judgment. No order for the balance of costs sought.