Murray & Anor v Bernard [2015] EWHC 2395 (Ch) (02 February 2015)

Murray & Anor v Bernard [2015] EWHC 2395 (Ch) (02 February 2015)

The claimants are entitled to their costs because they ultimately agreed to mediate and the failure to mediate was due to the defendant's lack of readiness, not the claimants' refusal. There is no basis to penalise the claimants on costs for mediation. The case does not cross the threshold for indemnity costs; costs are to be assessed on the standard basis.

Citation
[2015] EWHC 2395 (Ch)
Parties
Claimant: Murray & Another; Defendant: Bernard
Jurisdiction
England and Wales
Judgment Date
02 February 2015
Procedural Posture
Probate Litigation / Post Judgment, Costs Determination
Outcome
Costs awarded to claimants on the standard basis; interim payment ordered.
Legal Topics
Costs, Mediation, Refusal to Mediate, Assessment of Costs, Standard Basis Vs Indemnity Basis
Civil Procedure Probate Costs Mediation Refusal to Mediate Assessment of Costs Standard Basis Vs Indemnity Basis

Case Brief

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Parties

Murray & Another

Claimant

Bernard

Defendant

Procedural Posture

Probate Litigation / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether the claimants should have their costs following unsuccessful probate challenge
  2. 2 Whether refusal to mediate should affect the costs order
  3. 3 Whether costs should be awarded on the indemnity basis

Ratio Decidendi

The claimants are entitled to their costs because they ultimately agreed to mediate and the failure to mediate was due to the defendant's lack of readiness, not the claimants' refusal. There is no basis to penalise the claimants on costs for mediation. The case does not cross the threshold for indemnity costs; costs are to be assessed on the standard basis.

Court Disposition

Costs awarded to claimants on the standard basis; interim payment ordered.

Orders

  • Defendant to pay claimants' costs on the standard basis.
  • Interim payment of £45,000 to claimants.