QC liable for costs.A QC who sat on the Bar Council's professional conduct committee is said to be the first silk saddled with a wasted costs order for improper conduct, following an appeal court finding against him and his junior last week.Bernard Weatherill QC and Josephine Hayes, both from 3 New Square Chambers in London, lost an action for wasted costs brought by a claimant who alleged they had improperly signed off on pleadings which alleged fraud against him and his solicitors, London-based Camillins.

Under the Bar's code of conduct, barristers must see evidence capable of establishing a prima facie case before drafting pleadings alleging fraud.Camillins solicitor Patrick Gearon said: 'The Court of Appeal seemed prepared to say what they thought.

This case defines impropriety more clearly than before'.

Mr Gearon said he believed it was the first time a QC had suffered a wasted costs order against him.One of the three appeal court judges dissented.

The barristers were denied leave to appeal to the House of Lords and an application they made to preserve their anonymity.Mr Weatherill said he was disappointed by the 'deeply unfair' result and is considering petitioning the Lords for an appeal.

He questioned 'the fairness in judging the conduct of counsel who are unable to defend themselves for reasons of client confidentiality and legal professional privilege'.

Ms Hayes said she did not get a fair trial and also intends to petition the Lords.Jeremy Fleming