Harrison v Harrison

Harrison v Harrison

The applicant failed to prove on the balance of probabilities that he suffered any loss as a result of the alleged conduct, as the relevant costs had been agreed and paid. Even if impropriety were shown, the application was disproportionate and the court would decline to exercise its discretion to make a wasted costs order.

Parties
Applicant: Harrison; Respondent: Harrison
Jurisdiction
England and Wales
Judgment Date
06 February 2009
Procedural Posture
Application for Wasted Costs Order / Judgment After Hearing of Wasted Costs Application
Outcome
Application dismissed
Legal Topics
Wasted Costs, Freezing Orders, Ancillary Relief, Legal Professional Conduct
Civil Procedure Costs Wasted Costs Freezing Orders Ancillary Relief Legal Professional Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Harrison

Applicant

Harrison

Respondent

Procedural Posture

Application for Wasted Costs Order / Judgment After Hearing of Wasted Costs Application

Legal Issues

  1. 1 Whether the conduct of counsel at a without notice hearing was improper, unreasonable or negligent under section 51(6) of the Supreme Court Act 1981
  2. 2 Whether a wasted costs order should be made against counsel for the respondent
  3. 3 Whether the applicant suffered loss as a result of the alleged conduct

Ratio Decidendi

The applicant failed to prove on the balance of probabilities that he suffered any loss as a result of the alleged conduct, as the relevant costs had been agreed and paid. Even if impropriety were shown, the application was disproportionate and the court would decline to exercise its discretion to make a wasted costs order.

Court Disposition

Application dismissed

Orders

  • Wasted costs application dismissed; no order for wasted costs made.