Clegg & Anor v Guarino [2002] EWCA Civ 1121 (16 July 2002)

Clegg & Anor v Guarino [2002] EWCA Civ 1121 (16 July 2002)

The application was dismissed because the issue concerned the exercise of judicial discretion in awarding costs, which does not raise an important point of principle or practice under CPR 52.13, nor is there a compelling reason for the Court of Appeal to hear the appeal.

Citation
[2002] EWCA Civ 1121
Parties
Applicant/claimant: Mr R Clegg; Applicant/claimant: Miss L Diveney; Respondent/defendant: Ms M Guarino
Jurisdiction
England and Wales
Judgment Date
16 July 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Application for permission to appeal dismissed
Legal Topics
Costs in Estate Administration, Discretion in Costs Orders, Trustee Duties, Appeal Procedure
Probate Trusts and Estates Civil Procedure Costs in Estate Administration Discretion in Costs Orders Trustee Duties Appeal Procedure

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Parties

Mr R Clegg

Applicant/claimant

Miss L Diveney

Applicant/claimant

Ms M Guarino

Respondent/defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the judge erred in ordering the estate to bear half the defendant's solicitor's bill
  2. 2 Whether the applicants should be responsible for costs given alleged impropriety by the executrix
  3. 3 Whether the appeal raises an important point of principle or practice under CPR 52.13

Ratio Decidendi

The application was dismissed because the issue concerned the exercise of judicial discretion in awarding costs, which does not raise an important point of principle or practice under CPR 52.13, nor is there a compelling reason for the Court of Appeal to hear the appeal.

Court Disposition

Application for permission to appeal dismissed