Successful Defence to Application for Wasted Costs

Rachel was instructed to oppose an application for wasted costs arising from a personal injury claim.  The claimant had issued proceedings arising from a road traffic accident. The claim had been withdrawn but not before it had been listed for various hearings and costs had been incurred by the defence. An order for costs had been made against the claimant but due to information received the defence had then successfully applied for her solicitors to be joined as a party to the proceedings so that the costs could be sought from the firm rather than the claimant herself.

The application was listed for hearing and Rachel attended on behalf of the solicitors. Despite evidence before the court suggesting that the firm had failed in its duty to the claimant, Rachel successfully defended the application and persuaded the court that any wasted costs should be recovered from the claimant herself.