Source: All England Reporter
Publisher Citation: [2010] All ER (D) 95 (Dec)
Neutral Citation: [2010] EWCA Civ 1398
Court: Court of Appeal, Civil Division

Sir Andrew Morritt C, Moore-Bick and Jackson LJJ

Representation Penelope Reed QC and James Quirke (instructed by Tyndalwoods Solicitors, Birmingham) for the claimant.
  Andrew Charman (instructed by Sydney Mitchell Solicitors, Birmingham) for the first and second defendants.
  Angus Burden (instructed by Williamson & Soden Solicitors) for the third defendant.
Judgment Dates: 8 December 2010


Costs - Contentious probate action - Claim on estate - Dispute between parties judged in favour of defendants - Costs order being made against claimant - Claimant appealing - Whether judge erring in allowing costs for executors and beneficiary - Whether judge erring in assessing offer to settle by beneficiary against value of claimant's claim.

The Case

Costs Contentious probate action. The Court of Appeal, Civil Division, dismissed the claimant's appeal against a costs order finding that one aspect of the costs order had not been made against him and a second aspect was correct as the judge had not erred in conducting his balancing exercise of the value of the claim against the value of an offer made by the defendant.

Practice Areas

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