(a)disallowing the costs as between the advocate and his or her 2021client; or
Section history
Section 357 — Costs against defence counsel
Consolidated view is experimental and may be broken for certain provisions.
Amendments
(1)Where it appears to a court that costs have been incurred unreasonably or improperly in any proceedings (for example, by commencing, continuing or conducting a matter the commencement, continuation or conduct of which is an abuse of the process of the Court)2018 or have been wasted by a failure to conduct proceedings with reasonable competence and expedition, the court may make against any advocate whom it considers responsible (whether personally or through an employee or agent) an order —
(b)directing the advocate to repay to his or her2021 client costs which the client has been ordered to pay to any person.
(1A)If the Court of Appeal or the General Division of the 2021High Court makes an order under subsection (1)(a) or (b) in respect of any proceedings for a matter under Division 1B of Part XX,202120,2021 and the prosecution has applied to the Court of Appeal or the General Division of the High Court2021 for an order for the costs of that matter to be paid to the prosecution on the ground that the commencement, continuation or conduct of that matter was an abuse of the process of the Court, the Court of Appeal or the General Division of the High Court 2021must state whether it is satisfied that the commencement, continuation or conduct of that matter was an abuse of the process of the Court.
(2)No order under this section shall2021may2021 be made against an advocate unless he or she2021 has been given a reasonable opportunity to appear before the court and show cause why the order should not be made.