Perrins v Holland & Ors [2009] EWHC 2558 (Ch) (21 October 2009)

Perrins v Holland & Ors [2009] EWHC 2558 (Ch) (21 October 2009)

The general rule that the unsuccessful party pays the successful party's costs applies; exceptions are not engaged as the cause of litigation was not the testator's capacity or conduct of the executors, but the claimant's refusal to accept the testator's relationship and will. However, as reasonable suspicion justified investigation, costs should have lain where they fell, but the claimant's refusal of a reasonable settlement offer justifies ordering him to pay the third defendant's costs from her joinder as a party.

Citation
[2009] EWHC 2558 (Ch)
Parties
Claimant: David Robert Perrins; First Defendant: Richard Philip Holland (As Executor of the Estate of Robert Perrins Deceased); Second Defendant: Sharon Ruth Moore (As Executor of the Estate of Robert Perrins Deceased); Third Defendant: Anne Dooney
Jurisdiction
England and Wales
Judgment Date
21 October 2009
Procedural Posture
Contested Probate Proceedings / Post Trial Ruling on Costs and Permission to Appeal
Outcome
Costs order: Claimant to pay third defendant's costs from date of her joinder; executors' costs to be paid out of the estate except as already ordered; permission to appeal is a matter for the Court of Appeal.
Legal Topics
Costs in Probate Litigation, Testamentary Capacity, Application of CPR 44.3, Exceptions to Costs Rule, Permission to Appeal
Probate Civil Procedure Costs in Probate Litigation Testamentary Capacity Application of CPR 44.3 Exceptions to Costs Rule Permission to Appeal

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Parties

David Robert Perrins

Claimant

Richard Philip Holland (As Executor of the Estate of Robert Perrins Deceased)

First Defendant

Sharon Ruth Moore (As Executor of the Estate of Robert Perrins Deceased)

Second Defendant

Anne Dooney

Third Defendant

Procedural Posture

Contested Probate Proceedings / Post Trial Ruling on Costs and Permission to Appeal

Legal Issues

  1. 1 Whether the unsuccessful party (claimant) should pay the successful parties' costs in contested probate proceedings
  2. 2 Whether exceptions to the general rule on costs apply
  3. 3 Whether the claimant is entitled to have his costs paid by the estate or executors

Ratio Decidendi

The general rule that the unsuccessful party pays the successful party's costs applies; exceptions are not engaged as the cause of litigation was not the testator's capacity or conduct of the executors, but the claimant's refusal to accept the testator's relationship and will. However, as reasonable suspicion justified investigation, costs should have lain where they fell, but the claimant's refusal of a reasonable settlement offer justifies ordering him to pay the third defendant's costs from her joinder as a party.

Court Disposition

Costs order: Claimant to pay third defendant's costs from date of her joinder; executors' costs to be paid out of the estate except as already ordered; permission to appeal is a matter for the Court of Appeal.

Orders

  • Claimant to pay Anne Dooney's costs on the standard basis from the date of her joinder as a party.
  • Executors to recover their costs out of the estate except to the extent unreasonably incurred.