Murray & Anor v Bernard

Murray & Anor v Bernard

Claimants are entitled to costs as the unsuccessful party was not deprived of costs due to mediation refusal; claimants changed their minds and were willing to mediate, but mediation did not occur due to the defendant's unreadiness.

Parties
Claimant: Murray & Another; Defendant: Bernard
Jurisdiction
England and Wales
Judgment Date
02 February 2015
Procedural Posture
Probate Litigation / Post Judgment Consequential Hearing on Costs
Outcome
Costs awarded to claimants on standard basis; interim payment ordered.
Legal Topics
Costs, Mediation, Will Challenge
Civil Procedure Probate Costs Mediation Will Challenge

Case Brief

Summary, issues, holding and outcome

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Parties

Murray & Another

Claimant

Bernard

Defendant

Procedural Posture

Probate Litigation / Post Judgment Consequential Hearing on Costs

Legal Issues

  1. 1 Whether claimants should be awarded costs
  2. 2 Whether refusal to mediate affects costs order
  3. 3 Whether indemnity costs should be awarded

Ratio Decidendi

Claimants are entitled to costs as the unsuccessful party was not deprived of costs due to mediation refusal; claimants changed their minds and were willing to mediate, but mediation did not occur due to the defendant's unreadiness.

Court Disposition

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

Orders

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