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Amanda Savage

Cases

(1) Graham Brown (2) Edwina Brown v. (1) Maurice Bennett (2) Michael Bennett & Others (No.2)

Reference: LTL 22/11/2001; [2002] 1 WLR 713; [2002] All ER 273 ; [2002] PNLR 17

Court: High Court


Comment:

Section 51 of Supreme Court Act 1981 extended to wasted costs applications by one party against the legal representatives of another party to the same proceedings.  A barrister could be liable for wasted costs despite the fact that the conduct complained of did not occur when he was exercising his rights of audience.  Liability for wasted costs was to be determined by reference to the question of whether, but for the conduct complained of, on the balance of probabilities, the costs in question would have been incurred

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