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Wasted costs (MHT)

There is a power (in England only) in rule 10(1)(a) to make a wasted costs order under s29(4) TCEA 2007, i.e. to ‘disallow, or (as the case may be) order the legal or other representative concerned to meet, the whole of any wasted costs or such part of them as may be determined in accordance with Tribunal Procedure Rules’. Section 29(5) defines wasted costs as ‘any costs incurred by a party (a) 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 (b) which, in the light of any such act or omission occurring after they were incurred, the relevant Tribunal considers it is unreasonable to expect that party to pay’. The rule was considered in RB v Nottinghamshire Healthcare NHS Trust [2011] UKUT 135 (AAC)M.

The CMR1 form has an option for seeking wasted costs, but it unclear how the power would be applied in the mental health context.

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