Smith & Anor v Springford & Ors

Smith & Anor v Springford & Ors

The Claimants are permitted to discontinue their claim as executors are not compelled to pursue actions they do not wish to fund. Costs are awarded to Defendants from 1 July 2007, reflecting the point at which Claimants should have agreed to a jointly instructed handwriting expert and formed their view on the claim. No indemnity costs are justified as the conduct does not warrant it.

Parties
Claimants: Smith and Another; Defendants: Springford and Others
Jurisdiction
England and Wales
Judgment Date
04 February 2008
Procedural Posture
Probate Action / Judgment on Application for Permission to Discontinue Claim and Determination of Costs
Outcome
Claimants permitted to discontinue claim; costs orders made.
Legal Topics
Discontinuance of Claim, Costs in Probate Proceedings, Forgery of Wills, Expert Evidence
Probate Civil Procedure Discontinuance of Claim Costs in Probate Proceedings Forgery of Wills Expert Evidence

Case Brief

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Parties

Smith and Another

Claimants

Springford and Others

Defendants

Procedural Posture

Probate Action / Judgment on Application for Permission to Discontinue Claim and Determination of Costs

Legal Issues

  1. 1 Whether the Claimants should be permitted to discontinue their claim to propound the 1999 Will
  2. 2 What costs orders should be made upon discontinuance
  3. 3 Whether the conduct of the parties justifies indemnity costs

Ratio Decidendi

The Claimants are permitted to discontinue their claim as executors are not compelled to pursue actions they do not wish to fund. Costs are awarded to Defendants from 1 July 2007, reflecting the point at which Claimants should have agreed to a jointly instructed handwriting expert and formed their view on the claim. No indemnity costs are justified as the conduct does not warrant it.

Court Disposition

Claimants permitted to discontinue claim; costs orders made.

Orders

  • Claimants have permission to discontinue their claim.
  • First and second Defendants to have their costs out of the deceased’s estate on the indemnity basis, subject to detailed assessment in default of agreement.