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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 63.23

Costs liability of lawyer

    (1)     Where a solicitor for a party, whether personally or through a servant or agent, has caused costs to be incurred improperly or without reasonable cause or to be wasted by a failure to act with reasonable competence and expedition, the Court may make an order that—

        (a)     all or any of the costs between the solicitor and the client be disallowed or that the solicitor repay to the client the whole or part of any money paid on account of costs;

        (b)     the solicitor pay to the solicitor's client all or any of the costs which the client has been ordered to pay to any party;

        (c)     the solicitor pay all or any of the costs payable by any party other than the client.

    (2)     Without limiting paragraph (1), a solicitor fails to act with reasonable competence and expedition for the purpose of that paragraph where any application in or trial of a proceeding cannot conveniently be heard or proceed, or fails or is adjourned without any useful progress being made, by reason of the failure of the solicitor to—

        (a)     attend in person or by a proper representative;

        (b)     file any document which ought to have been filed;

        (c)     lodge or deliver any document for the use of the Court which ought to have been lodged or delivered;

        (d)     be prepared with any proper evidence or account; or

        (e)     otherwise proceed.

    (3)     The Court shall not make an order under paragraph (1) without giving the solicitor a reasonable opportunity to be heard.

    (4)     The Court may, before making an order under paragraph (1), refer the matter to a Costs Judge or another Associate Judge for inquiry and report.

        *     *     *     *     *

    (6)     The Court may order that notice of any proceeding or order against a solicitor under this Rule be given to the client in such manner as the Court directs.

    (7)     This Rule applies, with any necessary modification, to a barrister as it applies to a solicitor.



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