Wasted costs orders can be brought against barristers
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Wasted costs orders can be sought against barristers as a little-known consequence of the 2015 reforms to legal regulation, a judge in the Court of Appeal has noted.
In a judgment handed down last week, Mr Justice Seamus Noonan pointed out that the term “solicitor” in Order 99 of the Superior Court Rules had been changed to “legal practitioner” following the enactment of the Legal Services Regulation Act 2015.
“S. 2 of the 2015 Act defines the term ‘legal practitioner’ as ‘a person who is a practising solicitor or a practising barrister’,” he continued. “On its face therefore, the new rule appears to expand the jurisdiction in relation to wasted costs orders to now include barristers.”
Although the point was not relevant to the outcome in the case, Ward v Tower Trade Finance (Ireland) Limited [2022] IECA 70, the obiter comments have sparked discussion among practitioners.
Barrister Brian Hallissey said on LinkedIn: “Of significant interest is the consideration of how the Legal Services Regulation Act 2015 might impact on the previous jurisprudence in this area which was solely focused on costs orders against solicitors – and this is where the Ward decision appears to lay the foundation for expanding the scope of such orders to now include barristers.”
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