Daliah Dorit Sherrington & Ors v Sherrington

Daliah Dorit Sherrington & Ors v Sherrington

The appellant, having succeeded on the appeal, is entitled to the whole of the appeal costs and 50% of the trial costs from the claimants, as the litigation was hostile and the claimants' challenge was reasonable only as to the will's execution. Costs of administration are to be paid out of the estate.

Parties
Claimant/respondent: Daliah Dorit Sherrington; Claimant/respondent: Donna Karina Sherrington; Claimant/respondent: Ramon Gerrard David Sherrington; Defendant/appellant: Yvonne Sherrington
Jurisdiction
England and Wales
Judgment Date
22 March 2005
Procedural Posture
Civil Appeal / Judgment on Costs After Appeal
Outcome
Application for permission to appeal refused; costs orders made as specified.
Legal Topics
Costs, Appeals, Wills and Probate
Civil Procedure Probate Costs Appeals Wills and Probate

Case Brief

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Parties

Daliah Dorit Sherrington

Claimant/respondent

Donna Karina Sherrington

Claimant/respondent

Ramon Gerrard David Sherrington

Claimant/respondent

Yvonne Sherrington

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Costs After Appeal

Legal Issues

  1. 1 Entitlement to costs of the appeal and trial
  2. 2 Whether costs should be paid out of the estate
  3. 3 Appropriateness of interim payment of costs

Ratio Decidendi

The appellant, having succeeded on the appeal, is entitled to the whole of the appeal costs and 50% of the trial costs from the claimants, as the litigation was hostile and the claimants' challenge was reasonable only as to the will's execution. Costs of administration are to be paid out of the estate.

Court Disposition

Application for permission to appeal refused; costs orders made as specified.

Orders

  • Claimants to pay the whole of the appellant's costs of the appeal.
  • Claimants to pay 50% of the appellant's costs of the trial.