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)  EWHC 2162 (QB) Awoyomi v Radford  EWHC 1671 (QB) Jones v Kaney  UKSC 13. Brown and another v Bennett and others  1 W.L.R. 713 The Three Elements Test Re A Barrister (Wasted Costs Order) (No 1 of 1991)  QB 293, and applied in Ridehalgh Ridehalgh v Horsefield  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)  UKHL 27 Latent Damage Act 1986 Hunt v Annolight Ltd and others  EWCA Civ 1663 Daly v Hubner  12 WLUK 151 151 Dempsey v Johnstone  EWCA Civ 1134 Locke v Camberwell Health Authority  2 Med LR 249 Appealing Waste Cost Orders Dammermann v Lanyon Bowdler LLP  EWCA Civ 269 Chaplair Ltd v Kumari  EWCA Civ 798