Catherine O’Boyle v Mary Vivien Wallis

Catherine O’Boyle v Mary Vivien Wallis

A representative appointed under CPR 19.12 is not personally liable for costs incurred before appointment unless there is evidence of causation, acceptance of liability, or improper conduct. The court must exercise discretion and consider the particular circumstances. The Appellant is personally liable only for costs incurred after her appointment, assessed on the standard basis, and not for costs incurred prior to appointment or for the payment on account ordered by the Master.

Parties
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 / Judgment on Appeal Against Costs Order
Outcome
Appeal allowed in part
Legal Topics
Personal Liability of Representatives, Costs Orders, CPR 19.12, Standing After Bankruptcy, Indemnity Vs Standard Costs, Extension of Time, Abuse of Process
Civil Procedure Costs Estate Administration Personal Liability of Representatives Costs Orders CPR 19.12 Standing After Bankruptcy Indemnity Vs Standard Costs +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 23 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

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

Claimant / Appellant

Mary Vivien Wallis

Defendant / Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Costs Order

Legal Issues

  1. 1 Is a representative appointed under CPR 19.12 personally liable for costs incurred before appointment?
  2. 2 Does bankruptcy affect standing to appeal a costs order made against a representative?
  3. 3 Should costs be assessed on the indemnity or standard basis for the representative?

Ratio Decidendi

A representative appointed under CPR 19.12 is not personally liable for costs incurred before appointment unless there is evidence of causation, acceptance of liability, or improper conduct. The court must exercise discretion and consider the particular circumstances. The Appellant is personally liable only for costs incurred after her appointment, assessed on the standard basis, and not for costs incurred prior to appointment or for the payment on account ordered by the Master.

Court Disposition

Appeal allowed in part

Orders

  • Appellant not personally liable for costs incurred prior to 14 March 2025.
  • Appellant personally liable for costs incurred between 14 March 2025 and 18 July 2025, assessed on the standard basis.