Brennan v Prior & Ors [2015] EWHC 3082 (Ch) (28 October 2015)

Brennan v Prior & Ors [2015] EWHC 3082 (Ch) (28 October 2015)

The order, properly construed, does not limit Mrs. Brennan's personal liability for the Third to Sixth Defendants' costs to the amount of her pecuniary legacy. She is personally liable for the entirety of the assessed costs, and the order is to be amended to make this clear.

Citation
[2015] EWHC 3082 (Ch)
Parties
Claimant: Chloe Brennan; First Defendant: Anthony Francis Prior; Second Defendant: Andrew George Prior; Third Defendant: Anne Liliane Devillebichot; Fourth Defendant: Jacqueline Cecile Devillebichot; Fifth Defendant: Lucile Simone Noble; Sixth Defendant: Philippe Georges Devillebichot
Jurisdiction
England and Wales
Judgment Date
28 October 2015
Procedural Posture
Probate Action / Application for Clarification/amendment of Costs Order Post Trial
Outcome
Application granted; order to be amended for clarity
Legal Topics
Costs Orders, Slip Rule (cpr 40.12), Interpretation of Court Orders, Personal Liability for Costs, Administration of Estates
Civil Procedure Probate Costs Orders Slip Rule (cpr 40.12) Interpretation of Court Orders Personal Liability for Costs Administration of Estates

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Parties

Chloe Brennan

Claimant

Anthony Francis Prior

First Defendant

Andrew George Prior

Second Defendant

Anne Liliane Devillebichot

Third Defendant

Jacqueline Cecile Devillebichot

Fourth Defendant

Lucile Simone Noble

Fifth Defendant

Philippe Georges Devillebichot

Sixth Defendant

Procedural Posture

Probate Action / Application for Clarification/amendment of Costs Order Post Trial

Legal Issues

  1. 1 Whether the claimant's liability for the Third to Sixth Defendants' costs is limited to the amount of her pecuniary legacy under the will
  2. 2 Whether the slip rule (CPR 40.12) or inherent jurisdiction should be used to clarify or amend the costs order

Ratio Decidendi

The order, properly construed, does not limit Mrs. Brennan's personal liability for the Third to Sixth Defendants' costs to the amount of her pecuniary legacy. She is personally liable for the entirety of the assessed costs, and the order is to be amended to make this clear.

Court Disposition

Application granted; order to be amended for clarity

Orders

  • The order is to be amended to add at the start of paragraph 3(2): 'Without limiting the amount of the Claimant's liability for costs pursuant to sub-paragraph (1) above'.