Source: All England Reporter
Publisher Citation: [2013] All ER (D) 06 (Jul)
Neutral Citation: [2013] EWHC 1857 (Ch)
Court: Chancery Division

Mr Justice Roth

Representation Penelope Reed QC and Charlotte Edge (instructed by Veale Wasbrough Vizards) for the claimant.
  Robert Ham QC (instructed by Harcus Sinclair) for the defendant.
Judgment Dates: 28 June 2013


Executor and administrator - Administrator - Deceased being executor and beneficiary of N estate - Claimant administrator of deceased's estate becoming involved in litigation in respect of N estate - First defendant being beneficiary of deceased's estate - First defendant objecting to claimant's handling of proceedings - Claimant issuing instant proceedings seeking various heads of relief - Court refusing one of heads - Whether claimant entitled to costs - CPR Pt 64.2(a).

The Case

Executor and administrator Administrator. The court considered the costs of an application by the administrator of an estate pursuant to CPRPt64.2(a). The court ordered that the administrator should pay her own costs referable to the first head of relief, which had been refused by the court. However, the first defendant beneficiary was ordered to pay the costs referable to the second and third heads of relief.

Practice Areas

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