Watson & Ors v Perotti & Anor [2002] EWCA Civ 771 (25 April 2002)

Watson & Ors v Perotti & Anor [2002] EWCA Civ 771 (25 April 2002)

The judge erred in making an adjustment to the quantum of remuneration without giving the appellant an opportunity to make submissions, especially as the adjustment did not logically follow from the previous reasoning and figures. The Court of Appeal itself reassessed the proper figure for remuneration, reducing it from £32,500 to £30,000 plus VAT.

Citation
[2002] EWCA Civ 771
Parties
Claimant/respondent: Watson and Others; Defendant/appellant: Perotti and Another
Jurisdiction
England and Wales
Judgment Date
25 April 2002
Procedural Posture
Appeal From Chancery Division (neuberger J) / Court of Appeal (civil Division) Judgment
Outcome
Appeal allowed
Legal Topics
Remuneration of Administrators, Professional Charging Clauses, Procedural Fairness, Appeals Process
Probate Civil Procedure Remuneration of Administrators Professional Charging Clauses Procedural Fairness Appeals Process

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Parties

Watson and Others

Claimant/respondent

Perotti and Another

Defendant/appellant

Procedural Posture

Appeal From Chancery Division (neuberger J) / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether the judge was entitled to adjust the quantum of remuneration without hearing submissions from the appellant after a material change in the basis for calculation.

Ratio Decidendi

The judge erred in making an adjustment to the quantum of remuneration without giving the appellant an opportunity to make submissions, especially as the adjustment did not logically follow from the previous reasoning and figures. The Court of Appeal itself reassessed the proper figure for remuneration, reducing it from £32,500 to £30,000 plus VAT.

Court Disposition

Appeal allowed

Orders

  • Remuneration allowed to claimants reduced to £30,000 plus VAT (total £34,500)
  • Order below to be amended accordingly