Glossary entry

English term or phrase:

wasted costs

Spanish translation:

costes no justificados/costes debido a conducta inapropiada o negligente

Added to glossary by Virginia Pérez Román
Jul 23, 2013 08:05
11 yrs ago
11 viewers *
English term

wasted costs

English to Spanish Law/Patents Law (general)
The wasted costs of the hearing on (date) are assessed in the sum of xxx.

Orden judicial para la venta de propiedades que las partes tienen en común.

Muchas gracias por adelantado.

Discussion

Virginia Pérez Román (asker) Jul 25, 2013:
¡Muchas gracias a las dos!

Proposed translations

6 hrs
Selected

costes no justificados

There has been a spate of claims since 1 October 1991 against solicitors and counsel seeking to hold them personally responsible for the costs not only of specific items but of entire proceedings. The Law Society and the Solicitors Indemnity Fund (SIF) supported six appeals to the Court of Appeal, with a view to obtaining guidelines on practice and principles.
The relevant legislation is contained in s.4 of the Courts and Legal Services Act 1990 (CLSA) and s.51(6)(7) and (13) of the Supreme Court Act 1981 (SCA).
Six cases were consolidated and heard by the Court of Appeal in December 1993. The cases illustrated everyday scenarios and all raised the same question - in what circumstances should the court make a wasted costs order? - a question which the court considered to be 'of great and growing significance'.
Four appeals arose out of orders against solicitors, one out of an order by the Court of Appeal to show cause why an order should not be made, and the sixth, supported by the Bar Mutual, involved counsel. All the appeals were successful and there is, therefore, real hope that they will herald the return to a more controlled exercise of the costs jurisdiction.
www.lawgazette.co.uk/.../making-a-case-wasted-cost...
Note from asker:
Muchas gracias, Patinba.
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4 KudoZ points awarded for this answer.
+1
8 hrs

costes/as debido a conducta inapropiada o negligente

These are defined as "costs incurred by a party—
(a) as a result of any improper, unreasonable or negligent act or omission on the part of any legal or other representative or any employee of such a representative; or
(b) which, in the light of any such act or omission occurring after they were incurred, the court considers it is unreasonable to expect that party to pay"
These costs will include the situation in which a party has incurred unnecessarily due to the other side's conduct. For example, if a Court hearing is postponed due to one party not turning up at Court. As a result, the other party had to pay a Brief fee for a Barrister, for a hearing that ultimately did not take place.
Example sentence:

Here the applicant applied for a wasted costs order against junior counsel who had

Note from asker:
Muchas gracias, Adriana.
Peer comment(s):

agree jacana54 (X)
2 hrs
Gracias Lucía por tu agree
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