Brennan v Prior & Ors

Brennan v Prior & Ors

The order, properly interpreted in its context and background, does not limit Mrs. Brennan's liability for the Third to Sixth Defendants' costs to the amount of her legacy. She is personally liable for the entirety of their assessed costs, and the order should be amended to make this clear.

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 (costs Application) / Post Trial Application for Clarification/amendment of Costs Order
Outcome
Application granted
Legal Topics
Costs Orders, Interpretation of Court Orders, Slip Rule (cpr 40.12), Personal Liability for Costs, Administration of Estates
Civil Procedure Probate Costs Orders Interpretation of Court Orders Slip Rule (cpr 40.12) 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 (costs Application) / Post Trial Application for Clarification/amendment of Costs Order

Legal Issues

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

Ratio Decidendi

The order, properly interpreted in its context and background, does not limit Mrs. Brennan's liability for the Third to Sixth Defendants' costs to the amount of her legacy. She is personally liable for the entirety of their assessed costs, and the order should be amended to make this clear.

Court Disposition

Application granted

Orders

  • It is declared that Mrs. Brennan's liability for the costs of the Third to Sixth Defendants is not limited by reference to the amount of her pecuniary legacy.
  • The order is 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'.