Moon v Deane [2022] EWHC 2659 (Ch) (03 May 2022)

None of the grounds advanced by Dr Moon disclosed a realistic prospect of success on appeal; the District Judge's decisions on adjournment, summary assessment of costs, and consideration of mediation offers were within her discretion and contained no error of law or principle.

Citation: [2022] EWHC 2659 (Ch)
Parties: Claimant/appellant: Dr Christopher J Moon; Defendant/respondent: Ms Sandy Deane
Jurisdiction: England and Wales
Judgment Date: 03 May 2022
Procedural Posture: Appeal / Application for Permission to Appeal (renewed Oral Application)
Outcome: Permission to appeal refused
Legal Topics: Costs Orders, Summary Assessment of Costs, Removal of Executor, Permission to Appeal

Civil Procedure Trusts and Estates Costs Orders Summary Assessment of Costs Removal of Executor Permission to Appeal

Case Brief

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Parties

Dr Christopher J Moon

Claimant/appellant

Ms Sandy Deane

Defendant/respondent

Procedural Posture

Appeal / Application for Permission to Appeal (renewed Oral Application)

Legal Issues

1 Whether District Judge Johnson erred in refusing an adjournment of the costs hearing
2 Whether the summary assessment of costs was conducted improperly or without sufficient breakdown
3 Whether failure to mediate should have affected the costs order

Ratio Decidendi

Court Disposition

Permission to appeal refused

Orders

Permission to appeal against the costs order of District Judge Johnson is refused.