(3)
The judge may instead of giving direction under sub-rule 1 of this rule in relation to anything done
or any omission made direct the taxing officer to inquire into it and if it appears to him that
such direction as aforesaid should have been given in relation to it to act as if the appropriate
direction had been given.
Personal liability of legal practitioner for costs.
14.
(a)
(b)
(c)
(2)
(a)
(b)
(1) Subject to the following provisions of this rule, where in any proceeding costs are incurred
improperly or without reasonable cause or are wasted by undue delay or by any other misconduct or
default, the judge may make against any legal practitioner whom the judge considers to be
responsible whether personally or though a servant or agent, an order;
Disallowing the costs as between the legal practitioner and the legal practitioner's client; and
Directing the legal practitioner to pay to the client's costs which the client has been ordered to pay
to other parties to the proceedings; or
Directing the legal practitioner personally to indemnify such other parties against costs payable by
them.
The provisions of rule 13 sub-rule 1 of this order shall apply where proceedings in Court
cannot conveniently proceed or fail or are adjourned without useful progress being made;
Because of the failure of the legal practitioner to attend in person or by a proper representative; or
Because of the failure of the legal practitioner 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
otherwise to proceed.
(3)
No order under this rule shall be made, against a legal practitioner unless the legal practitioner
has been given a reasonable opportunity to appear before the judge to show cause why the order
should not be made.
(4)
If, on the taxation of costs to be paid out of a fund, one-sixth or more of the amount of the bill
for those costs is taxed off, the legal practitioner whose bill it is shall not be allowed the fees to
which he would otherwise be entitled for drawing the bill and for attending the taxation.
(5)
The judge may direct that notice of any proceeding or order against a legal practitioner under
this rule shall be given to the legal practitioner's client in such manner as may be specified in
the direction.
ORDER 26
INTERLOCUTORY APPLICATIONS
A - MOTIONS GENERALLY
Time to apply.
1.
Subject to these Rules, interlocutory applications may be made at any stage of an action.
Application by motion