Ellis v Ellis & Ors [2025] EWHC 2609 (Ch) (14 October 2025)

Ellis v Ellis & Ors [2025] EWHC 2609 (Ch) (14 October 2025)

The court held that the general rule that costs follow the event applies. There was no sufficient reason to depart from CPR 44.2, as Vivian Care had ample opportunity and material to formulate his claim, and delays in mediation were justified by lack of disclosure. The probate exceptions did not apply, as the testator was not the cause of litigation and Vivian had no reasonable grounds for prolonged investigation. Luke's Part 36 offer was valid and genuine, attracting full CPR 36.17 consequences. Executors' costs should be paid by Vivian as the unsuccessful party.

Citation
[2025] EWHC 2609 (Ch)
Parties
Claimant: Luke Ellis; First Defendant (executor): Stephen Ellis; Second Defendant (executor): Stephen Berryman; Third Defendant: Vivian Care
Jurisdiction
England and Wales
Judgment Date
14 October 2025
Procedural Posture
Probate/trusts (costs Judgment) / Post Trial Costs and Consequentials Hearing
Outcome
Costs awarded to the Claimant and executors against the Third Defendant (Vivian Care).
Legal Topics
Costs, Pre Action Conduct, Mediation, Probate Exceptions, Part 36 Offers
Probate Trusts Civil Procedure Costs Pre Action Conduct Mediation Probate Exceptions Part 36 Offers

Case Brief

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Parties

Luke Ellis

Claimant

Stephen Ellis

First Defendant (executor)

Stephen Berryman

Second Defendant (executor)

Vivian Care

Third Defendant

Procedural Posture

Probate/trusts (costs Judgment) / Post Trial Costs and Consequentials Hearing

Legal Issues

  1. 1 Whether costs should follow the event or depart from the general rule in CPR 44
  2. 2 Application of probate exceptions to costs
  3. 3 Effect of pre-action conduct and refusal to mediate on costs

Ratio Decidendi

The court held that the general rule that costs follow the event applies. There was no sufficient reason to depart from CPR 44.2, as Vivian Care had ample opportunity and material to formulate his claim, and delays in mediation were justified by lack of disclosure. The probate exceptions did not apply, as the testator was not the cause of litigation and Vivian had no reasonable grounds for prolonged investigation. Luke's Part 36 offer was valid and genuine, attracting full CPR 36.17 consequences. Executors' costs should be paid by Vivian as the unsuccessful party.

Court Disposition

Costs awarded to the Claimant and executors against the Third Defendant (Vivian Care).

Orders

  • Vivian Care to pay Luke Ellis's costs on the standard basis, subject to CPR 36.17 uplift.
  • Vivian Care to pay the executors' costs.