The Matrimonial Causes (Costs) Rules 1988

Personal liability of solicitor for costs

15.—(1) Subject to the following provisions of this rule, where it appears to the court that costs have been incurred unreasonably or improperly in any proceedings or have been wasted by failure to conduct proceedings with reasonable competence and expedition, the court may—

(a) order—

(i) the solicitor whom it considers to be responsible (whether personally or through a servant or agent) to repay to his client costs which the client has been ordered to pay to any other party to the proceedings; or

(ii) the solicitor personally to indemnify such other parties against costs payable by them; and

(iii) the costs as between the solicitor and his client to be disallowed;

or

(b) direct a registrar to inquire into the matter and report to the court, and upon receiving such a report the court may make such order under sub-paragraph (a) as it thinks fit.

(2) When conducting an inquiry pursuant to a direction under paragraph (1)(b) the registrar shall have all the powers and duties of the court under paragraphs (3) to (6).

(3) Subject to paragraph (4), before an order may be made under paragraph (1)(a) the court shall give the solicitor a reasonable opportunity to appear and show cause why an order should not be made.

(4) The court shall not be obliged to give the solicitor a reasonable opportunity to appear and show cause where proceedings fail, cannot conveniently proceed or are adjourned without useful progress being made because the solicitor—

(a) fails to attend in person or by a proper representative,

(b) fails to deliver any document for the use of the court which ought to have been delivered or to be prepared with any proper evidence or account, or

(c) otherwise fails to proceed.

(5) The court may, except in proceedings in a divorce county court or in proceedings in the divorce registry which are treated as pending in a divorce county court, direct the Official Solicitor to attend and take part in any proceedings or inquiry under this rule, and the court shall make such order as to the payment of the Official Solicitor’s costs as it thinks fit.

(6) The court may direct that notice of any proceedings or order against a solicitor under this rule be given to his client in such a manner as may be specified in the direction.

(7) Instead of proceeding under paragraph (1), the court may refer the matter to a registrar, in which case the registrar shall deal with the matter under rule 16(2).

(8) In relation to proceedings in a divorce county court or proceedings in the divorce registry which are treated as pending in a divorce county court, jurisdiction which under the provisions of this rule is conferred on the court shall be exercised in accordance with C.C.R. Order 1, rule 8.