In the recent decision in Joyce Whitfield v Revenue
& Customs Commissioners [2016] UKFTT 685 (TC) the Tribunal
considered that inflexible and disproportionate behaviour by a
party's legal representative, which resulted in a hearing
having to be adjourned, warranted an award of wasted
costs.
The Tribunal's comments will be instructive also for
cases conducted under the Civil Procedure Rules ("CPR").
Further, they serve as a useful reminder that parties to litigation
are under a positive duty to assist in promoting the overriding
objective and both they and their legal representatives can be
penalised in costs if this duty is breached.
Where a legal representative has behaved in a manner that is
improper, unreasonable or negligent in the conduct of proceedings,
there is statutory power (section 51(6) of the Senior Courts Act
1981) for an order to be made against that representative for the
costs incurred by a party (including the legal representative's
own client)
