Alex is an Employment and Commercial Barrister at 33 Bedford Row, who joined Chambers following completion of his first six at a Commercial Chambers in London. Whilst there Alex assisted other members in advising clients on various aspects of Commercial and Civil Law.

Here Alex explains the ways in which conduct can be scrutinised in litigation in order to address aggressive litigation and behaviour that attracts a costs consequence. He outlines different forms of misconduct, how to establish whether or not compensation is due for wasted costs, and if so, how to go about implementing an order of this nature.

Key words/topics:

Senior Courts Act 1981

Aggressive Litigation

Small Claims Track

CPR 46.8

Criminal Justice and Courts Act 2015

MA Lloyd & Son Ltd (In Administration) v PPC International Ltd (t/a Professional Powercraft) [2016] EWHC 2162 (QB)

Awoyomi v Radford [2007] EWHC 1671 (QB)

Jones v Kaney [2011] UKSC 13.

Brown and another v Bennett and others [2002] 1 W.L.R. 713

The Three Elements Test

Re A Barrister (Wasted Costs Order) (No 1 of 1991) [1993] QB 293, and applied in Ridehalgh

Ridehalgh v Horsefield [1994] 3 All E.R. 848

Trehan v Liverpool Victoria Insurance Company Ltd 2017] 10 WLUK 21,

“Improper", “Unreasonable" or “Negligent" Conduct.

Medcalf v Mardell (Wasted Costs Order) [2002] UKHL 27

Latent Damage Act 1986

Hunt v Annolight Ltd and others [2021] EWCA Civ 1663

Daly v Hubner [2001] 12 WLUK 151 151

Dempsey v Johnstone [2003] EWCA Civ 1134

Locke v Camberwell Health Authority [1991] 2 Med LR 249

Appealing Waste Cost Orders

Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269

Chaplair Ltd v Kumari [2015] EWCA Civ 798