Civil Litigation Team -Update
A legal representative who provides written representations in wasted costs proceedings can be ordered to attend court for cross-examination
An appeal which was launched on ‘arguably abusive’ grounds has generously been considered by The Honourable Mr Justice Saini. The appeal was brought against the previous decision of His Honour Judge Godsmark QC, which ordered the Claimant’s Solicitor to attend a hearing for the purposes of cross-examination in relation to a wasted costs application made pursuant to CPR 46.8.
In dismissing the appeal, Saini J made it clear that the court’s power to order anyone who gives evidence in writing to attend court for the purposes of cross examination under CPR 32.7 is not restrained by CPR 46.8 as CPR 46.8 is not a complete, self-contained procedural code.
The full judgment can be accessed here.
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