Breslin, Re the Estate of Beck v Bromley & Ors (Costs) [2015] EWHC 3760 (Ch) (21 December 2015)

Breslin, Re the Estate of Beck v Bromley & Ors (Costs) [2015] EWHC 3760 (Ch) (21 December 2015)

The claimant is not to be regarded as the cause of the litigation; the normal rule that costs follow the event applies. The second defendant is protected by CPR 57.7(5) and should bear her own costs. The third defendant should pay three quarters of the claimant's costs up to 19 October 2015 and one half thereafter, assessed on the standard basis. Indemnity costs are not warranted. A payment on account of £70,000 is appropriate.

Citation
[2015] EWHC 3760 (Ch)
Parties
Claimant: Stephen David Breslin; First Defendant: Peter Bromley; Second Defendant: Anne Elizabeth Lockwood; Third Defendant: Linda Breslin
Jurisdiction
England and Wales
Judgment Date
21 December 2015
Procedural Posture
Probate Costs Ruling / Post Trial, Costs Judgment
Outcome
Costs order in favour of claimant against third defendant; no order as to costs against second defendant; payment on account ordered.
Legal Topics
Costs, Wills, Executor Liability
Probate Civil Procedure Costs Wills Executor Liability

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Parties

Stephen David Breslin

Claimant

Peter Bromley

First Defendant

Anne Elizabeth Lockwood

Second Defendant

Linda Breslin

Third Defendant

Procedural Posture

Probate Costs Ruling / Post Trial, Costs Judgment

Legal Issues

  1. 1 Whether costs should follow the event in probate proceedings
  2. 2 Whether any party is to be regarded as the cause of the litigation
  3. 3 Whether costs should be paid out of the estate or by individual parties

Ratio Decidendi

The claimant is not to be regarded as the cause of the litigation; the normal rule that costs follow the event applies. The second defendant is protected by CPR 57.7(5) and should bear her own costs. The third defendant should pay three quarters of the claimant's costs up to 19 October 2015 and one half thereafter, assessed on the standard basis. Indemnity costs are not warranted. A payment on account of £70,000 is appropriate.

Court Disposition

Costs order in favour of claimant against third defendant; no order as to costs against second defendant; payment on account ordered.

Orders

  • Third defendant to pay three quarters of claimant's costs up to 19 October 2015 and one half thereafter, assessed on the standard basis if not agreed.
  • Second defendant to bear her own costs.