Smith & Anor v Springford & Ors [2008] EWHC 3446 (Ch) (04 February 2008)

Smith & Anor v Springford & Ors [2008] EWHC 3446 (Ch) (04 February 2008)

Claimants were justified in seeking to propound the 1999 Will until expert evidence was obtained; from 1 July 2007, they should have formed their view and are liable for costs from that date. Discontinuance is permitted; indemnity costs are not justified.

Citation
[2008] EWHC 3446 (Ch)
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 Costs Determination
Outcome
Claimants permitted to discontinue claim; costs orders made.
Legal Topics
Will Validity, Forgery, Undue Influence, Costs in Probate Litigation, Discontinuance
Probate Civil Procedure Will Validity Forgery Undue Influence Costs in Probate Litigation Discontinuance

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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 Costs Determination

Legal Issues

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

Ratio Decidendi

Claimants were justified in seeking to propound the 1999 Will until expert evidence was obtained; from 1 July 2007, they should have formed their view and are liable for costs from that date. Discontinuance is permitted; indemnity costs are not justified.

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.