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Godfrey Morgan Solicitors Ltd v Cobalt Systems Ltd - Wasted costs orders against legal representatives [2011] EAT

Some general guidance on how an employment tribunal should approach making Rule 48 wasted costs orders.

Godfrey Morgan (GM) represented a client in a low value claim against Cobalt Systems Ltd on a contingency fee basis. The agreement stipulated that, if the matter proceeded to hearing, the client would need to provide funds for a barrister. The client made clear (as would be apparent had he been properly advised) that he was unable and unwilling to provide such funds should there be no settlement before hearing. Cobalt refused to settle.

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