Article 17 Wasted costs order
If in any proceedings before the Court of Appeal, costs have been incurred by a person who is a party to the appeal—
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
which, in the light of any such act or omission occurring after they were incurred, the Court of Appeal considers it is unreasonable to expect that person to pay
the Court of Appeal may disallow, or (as the case may be) order the legal or other representative to pay, the whole of any wasted costs or such part of them as may be determined in accordance with this article.
When making a wasted costs order, the Court of Appeal may take into account any other order as to costs which has been made in respect of the proceedings before the Court of Appeal and may take the wasted costs order into account when making any other order as to costs in respect of those proceedings.
The amount to be paid or disallowed in pursuance of a wasted costs order shall be specified in the order.
Before making a wasted costs order, the Court of Appeal shall allow the legal or other representative and any person who is a party to the appeal to make representations and may hear evidence.
Where a wasted costs order has been made the Court of Appeal shall notify any interested party of the order and the amount disallowed or ordered to be paid.
Where the person required to make a payment in respect of sums due under a wasted costs order fails to do so, the payment may be recovered summarily as a sum adjudged to be paid as a civil debt by order of a magistrates’ court by the person benefiting from the order, save that where that person was in receipt of services funded for that person by the Legal Services Commission or an order for the payment of costs out of central funds was made in that person’s favour, the power to recover shall be exercisable by the Lord Chancellor.