Source: All England Reporter
Publisher Citation: [2012] All ER (D) 33 (Feb)
Neutral Citation: [2012] EWHC 91 (Ch)
Court: Chancery Division
Judge:

Norris J

Representation Constance McDonnell (instructed by Furley Page) for the claimant.
  The first defendant appeared in person.
  The second defendant did not appear and was not represented.
  Jeremy Cousins QC and Michelle Stevens Hoare (instructed by Wright Hassall LLP) for the third fourth and fifth defendants
Judgment Dates: 30 January 2012

Catchwords

Costs - Order for costs - Assessment of indemnity costs - Claimant being successful in proving will in her favour in solemn form - Court assessing costs - Whether general rule of costs applying - Whether claimant being deprived of costs under general rule - Whether costs being awarded on indemnity basis - Whether and to what extent interests being awarded on costs - CPR 44, 36.

The Case

Costs Order for costs. The Chancery Division of the High Court decided costs issues following the claimant's successful application to prove a will in her favour in solemn form, where on the facts there had been no undue influence by the claimant or the testator.

Practice Areas

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