||All England Reporter
|| All ER (D) 172 (Apr)
George Bompas QC sitting as a deputy judge of the High Court
||Sara Hargreaves (instructed by Pitmans) for the claimant.
||Daniel Bromilow (instructed by Field Seymour Parkes) for the defendant.
||12 April 2006
Probate - Action - Discontinuance of action - Claimant seeking permission to discontinue proceedings challenging validity of will - Claimant seeking no order as to costs - Whether proceedings raising a serious issue - Whether claimant should pay costs - Civil Procedure Rules 1998, , 57.11.
In considering whether to grant permission to discontinue probate proceedings pursuant to CPR 57.11, , the relevant question was whether, viewed objectively, there was at the time of the discontinuance a serious issue to be resolved in relation to the will. Costs would not be ordered against the discontinuing party unless there had been no reasonable grounds for opposing the will. In that regard, a reasonable but nevertheless ultimately mistaken belief in a state of affairs that if not mistaken would lead to a will being pronounced against did amount to a reasonable ground for opposing a will.
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