A wasted costs application is an application against a legal representative personally. It may involve professional reputation, privilege, confidentiality, causation and fairness.
The question is not whether the client lost. Nor is it simply whether a lawyer made a mistake. The question is whether the conduct crossed the relevant threshold and caused identifiable costs to be wasted.
What I do
I advise applicants and respondents on the strength of the evidence, the proper target, the procedural route, timing, warning letters, disclosure, causation, privilege, proportionality and settlement.
I draft warning letters, applications, witness statements, draft orders, skeleton arguments and written submissions. I also appear at hearings.
What to send
For a wasted costs matter, send the pleadings, relevant orders, judgment or transcript if available, application or threatened application, evidence relied upon, correspondence, costs schedule, procedural history, and a short note explaining the conduct complained of.