Sharma v Hunters indicates the concerns the court takes into account when dealing with a wasted costs order, as Kate Mundy and Russell Simpson report This case relates to the estate of Mr Hari Ram Sharma (Mr Sharma) who died on 12 December 2010. Mr Sharma had been a patient of the Court of Protection …
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Frances Bailey examines criteria for a wasted costs order and best practice when adding a third party ‘The power to make a wasted costs order is a discretionary one and the court exercises that discretion both at the hearing, to show cause as to why a wasted costs order should not be made, and at …
Continue reading "Wasted Costs: Proceed with caution"
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Wills & Trusts Law Reports | March 2012 #117The applicants (R and J) made a wasted costs application against the respondent solicitors (H) in the context of proceedings known as D v R (Deputy of S) and S [2010] EWHC 2405 (CoP), which had been heard by Henderson J in the Court of Protection concerning S. R was S’s daughter and his deputy. She had brought proceedings in the Chancery Division in S’s name to recover property S had given away to D on the basis of undue influence. S’s wish was that D should retain the property given to her. In that context, D applied for a declaration from the Court of Protection that ...
