Wilsons Solicitors v Johnson & Others - Wasted costs order against solicitor in respect of poorly prepared CMD [2011] EAT

Wasted costs orders can be made against representatives in respect of their handling of a Case Management Discussion. If the representative wishes to challenge the making of such an order by blaming his client's instructions rather than his own negligence, he should expressly put that issue forward to be addressed. 

Wilsons Solicitors acted for Mr Johnson in employment tribunal proceedings against three separate respondents. The particulars of claim were extremely unclear. A Case Management Discussion (CMD) was listed, it being made clear that Wilsons must provide clarification of the claims. Three days before the CMD amended particulars were served. At the CMD (at which all parties were represented) the Employment Judge required more clarity in respect of almost all aspects of the still incomplete and unclear claims - Wilsons could not provide this. All respondents sought costs orders against Mr Johnson of attending the CMD plus wasted costs orders against Wilsons (Employment Tribunal Rules and Procedure Rules 37 - 48).

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