Source: All England Reporter
Publisher Citation: [2011] All ER (D) 63 (Oct)
Court: Court of Protection
Judge:

Henderson J

Representation Paul Marshall (instructed by Judkins Solicitors) for the claimant.
  Charles Phipps (instructed by Mills & Reeve LLP) for the defendant.
Judgment Dates: 7 October 2011

Catchwords

Costs - Wasted costs - Wasted costs application - Dispute arising regarding capacity of individual to make will - Court directing that further questions be put to expert - Party instructing new expert - New expert's instructions and evidence deficient - Claimants seeking wasted costs order against defendant solicitors' firm - Whether appropriate to make wasted costs order.

The Case

Costs Wasted costs. The Court of Protection dismissed an application by the defendant solicitors' firm to show cause why it ought not to pay costs allegedly wasted, where the application for a wasted costs order had been made out of time.

Practice Areas

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