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Legal matters

Wasted costs order VS Professional negligence claim

29 replies

samanthamplified · 10/03/2017 10:39

Hello,

I need to get a wasted costs order made against a lawyer I used previously, I have a strong case.

Wasted costs order already made against me but I feel the lawyer should've been liable for it and the court order should be amended.

Do I apply to court for that order or do I need to go through a professional negligence claim inc. the pre-action protocol?

The professional negligence route seems a long way to go about it

Can I just apply for a wasted costs order via a D11?

What's the difference?

I'm a litigant in person...

Thanks.

OP posts:
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user1487194234 · 14/03/2017 16:48

Hi would be very surprised if the court would substitute the barrister for you in the order
Up to you to claim it back from Barrister/insurer If you can prove negligence Which does not seem clear cut from what you say

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Allthebestnamesareused · 14/03/2017 17:52

Also the other side were in no way responsible so it is is only right they receive their costs. You need to pay them and then claim against your barrister if you feel you have a claim. Either way you'll need to prove the barrister is at fault unless the barrister admits it.

It is for each party to agree their barrister's fees at the outset. It will depend what they have to do and how quickly and urgently. Also even in the same case there may be less to do on one side than the other. Start the complaints pricedure running; have you told the barrister you hold them entirely responsible and whst have they said?

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Allthebestnamesareused · 14/03/2017 17:53

Excuse typos- stubby fingers on iPhone

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EyeStye · 14/03/2017 18:38

This reply has been deleted

Message withdrawn at poster's request.

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