Third-party costs orders and wasted costs

 

These difficult points usually turn on the facts, and in view of that, it usually best to instruct counsel with significant experience of cross-examination. Not all of the members of the costs team fall within that category, but those that do are highly experienced. It may be, however, that the facts are not in dispute, which case the choice of counsel is less relevant.

If instructions are received from the firm against who an order is sought, then please ensure that the instructions make it clear whether counsel is asked to advise just the firm, or whether his duty of care extends to cover the lay client. If there is the possibility of a conflict of interest between the firm and the lay client, then please state whether the lay client is separately represented.

To view a list of our members who specialise in this area, please click on the drop down menu to the left.