O'Boyle v Wallis [2026] EWHC 951 (Ch) (28 April 2026)

O'Boyle v Wallis [2026] EWHC 951 (Ch) (28 April 2026)

A representative appointed under CPR 19.12 is not personally liable for costs orders against the estate unless the court expressly so orders or there is conduct justifying such liability. The appellant, acting solely in a representative capacity, retains standing to appeal the costs order even after bankruptcy, as her role as representative is unaffected and the appeal concerns the terms of her appointment. The extension of time to appeal was properly granted, and there was no abuse of process in bringing the appeal.

Citation
[2026] EWHC 951 (Ch)
Parties
First Claimant / Appellant: Catherine O'Boyle (as representative of the estate of Paul O'Boyle, deceased); Defendant / Respondent: Mary Vivien Wallis
Jurisdiction
England and Wales
Judgment Date
28 April 2026
Procedural Posture
Appeal (chancery Division) / Judgment on Appeal Against Costs Order
Outcome
Appeal allowed
Legal Topics
Personal Liability of Representatives, Costs Orders, Bankruptcy and Standing, Representative Actions Under CPR 19.12
Civil Procedure Insolvency Trusts and Estates Personal Liability of Representatives Costs Orders Bankruptcy and Standing Representative Actions Under CPR 19.12

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Parties

Catherine O'Boyle (as representative of the estate of Paul O'Boyle, deceased)

First Claimant / Appellant

Mary Vivien Wallis

Defendant / Respondent

Procedural Posture

Appeal (chancery Division) / Judgment on Appeal Against Costs Order

Legal Issues

  1. 1 Whether a representative appointed under CPR 19.12 is personally liable for costs orders against the estate
  2. 2 Whether the appellant has standing to appeal following bankruptcy
  3. 3 Whether an extension of time to appeal should be granted

Ratio Decidendi

A representative appointed under CPR 19.12 is not personally liable for costs orders against the estate unless the court expressly so orders or there is conduct justifying such liability. The appellant, acting solely in a representative capacity, retains standing to appeal the costs order even after bankruptcy, as her role as representative is unaffected and the appeal concerns the terms of her appointment. The extension of time to appeal was properly granted, and there was no abuse of process in bringing the appeal.

Court Disposition

Appeal allowed

Orders

  • Order below set aside insofar as it imposes personal liability for costs on the appellant; costs liability limited to the estate of Paul O'Boyle.
  • Extension of time to appeal confirmed.