C (A Child) (Wasted Costs), Re

C (A Child) (Wasted Costs), Re

The father's solicitors, Duncan Lewis, failed to act with the competence reasonably to be expected of ordinary members of the profession by not complying with case management directions, failing to notify the court and the other party of significant developments in a timely manner, and failing to lodge the trial bundle effectively. These failures justified a wasted costs order against them.

Parties
Applicant: F; Respondent: M
Jurisdiction
England and Wales
Judgment Date
09 November 2015
Procedural Posture
Family / Wasted Costs Application Following Withdrawal of Substantive Applications
Outcome
Wasted costs order granted against the father's solicitors.
Legal Topics
Wasted Costs, Case Management Directions, Jurisdiction, Compliance With Court Orders
Family Law Civil Procedure Wasted Costs Case Management Directions Jurisdiction Compliance With Court Orders

Case Brief

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Parties

F

Applicant

M

Respondent

Procedural Posture

Family / Wasted Costs Application Following Withdrawal of Substantive Applications

Legal Issues

  1. 1 Whether the father's solicitors should pay a contribution to the mother's costs due to failures in compliance with case management directions and notification obligations
  2. 2 Whether the conduct of the father's solicitors amounted to improper, unreasonable, or negligent conduct justifying a wasted costs order

Ratio Decidendi

The father's solicitors, Duncan Lewis, failed to act with the competence reasonably to be expected of ordinary members of the profession by not complying with case management directions, failing to notify the court and the other party of significant developments in a timely manner, and failing to lodge the trial bundle effectively. These failures justified a wasted costs order against them.

Court Disposition

Wasted costs order granted against the father's solicitors.

Orders

  • Duncan Lewis shall contribute £1,250 or 25% of the assessed costs of the mother of this hearing, whichever is the lesser sum.