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Hedrich & Anor v Standard Bank London Ltd & Anor [2008] EWCA Civ 905 (30 July 2008)


No Wasted Costs Where Material Produced as soon as its Significance Realised: The Court of Appeal held that a Wasted Costs Order against a solicitor was not justified where material had been disclosed as soon as its significance became obvious. Although the disclosure given by the solicitor may have been defective, the issue was whether he was clearly and obviously in breach of his duty to the court to ensure that the client discharged his duty to give proper disclosure; no clear picture could emerge if it required the Wasted Costs application to investigate the minutiae of conduct in a complex action. It was necessary to balance the public interest that litigants should not suffer a loss as a result of the misconduct of legal representatives with the authorities that suggested that this form of satellite litigation should be confined.