Source: All England Reporter
Publisher Citation: [2015] All ER (D) 119 (Nov)
Neutral Citation: [2015] EWHC 3082 (Ch)
Court: Chancery Division
Judge:

Snowden J

Representation The claimant appeared in person.
  The first and second defendants did not appear and were not represented.
  Luke Harris (instructed by Russell-Cooke LLP) for the third to sixth defendants.
Judgment Dates: 28 October 2015

Catchwords

Costs - Order for costs - Correction of order - Ambiguity as to the agreed costs order - Objective intention of the costs order corresponding with the subjective intention of the judge - Whether the slip rule was engaged to correct the agreed costs order - CPR 40.12 - CPR 40BPD 4.5

The Case

Costs Order for costs. The Chancery Division, allowed the third to sixth defendants' application under CPR40.12 seeking clarification or amendment of an order for costs made following the trial of a probate action concerning a will. The amount of the claimant's personal liability for the costs of the third to sixth defendants under the order was not limited by reference to the amount of her pecuniary legacy. The court exercised its inherent power under CPR 40BPD 4.5 that the order be amended to add words to the order to ensure any ambiguity in the order was removed.

Practice Areas

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