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Civil Law (Wrongs) Act 2002
189Costs order against lawyer acting without reasonable
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189 Costs order against lawyer acting without reasonable
(1) If the court in which a pleading has been signed in relation to a claim
for damages considers that legal services were provided by a lawyer
for a client on the claim, or in defence of the claim, without the claim
or defence having reasonable prospects of success, the court may (on
its own initiative or on the application of a party to the proceeding)
make either or both of the following orders:
(a) an order directing the lawyer to repay to the client (or to pay) all
or part of the costs that the client has been ordered to pay to
another party;
(b) an order directing the lawyer to indemnify a party other than the
client against all or part of the costs payable by that party.
Part 14.2 Costs in damages claims if no reasonable prospects of success
(2) The Supreme Court may, on its own initiative or on the application of
a party to the action, make any order that the court considers
necessary for this section.
(3) An application for an order under this section cannot be made after
the court concerned (or a taxing officer) has made a final decision
about the costs payable in the action.
(4) A lawyer is not entitled to demand, recover or accept from a client
any part of the costs for which the lawyer is directed to indemnify a
party under an order under this section.