P (Statutory Will), Re (Costs Application)

P (Statutory Will), Re (Costs Application)

The deputy’s fundamental misunderstanding and unreasonable contesting of the notification requirements under PD9E, despite clear advice and case law, justified a departure from the general rule on costs. The deputy is ordered to pay P’s costs incurred by the Official Solicitor from 4 July 2023, and to bear his own costs from the same date.

Parties
Appellant: BH; Respondent: JH
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Statutory Will Costs Application / Post Judgment Costs Determination
Outcome
Application granted in part; departure from general rule on costs ordered.
Legal Topics
Costs, Statutory Wills, Notification of Beneficiaries, Court of Protection Rules
Civil Procedure Probate and Estates Mental Capacity Costs Statutory Wills Notification of Beneficiaries Court of Protection Rules

Case Brief

Summary, issues, holding and outcome

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Parties

BH

Appellant

JH

Respondent

Procedural Posture

Statutory Will Costs Application / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the deputy should pay P’s costs relating to the notification dispute under PD9E
  2. 2 Whether the general rule on costs in COPR 19.2 should be departed from due to conduct

Ratio Decidendi

The deputy’s fundamental misunderstanding and unreasonable contesting of the notification requirements under PD9E, despite clear advice and case law, justified a departure from the general rule on costs. The deputy is ordered to pay P’s costs incurred by the Official Solicitor from 4 July 2023, and to bear his own costs from the same date.

Court Disposition

Application granted in part; departure from general rule on costs ordered.

Orders

  • The deputy shall pay P’s costs (incurred by the Official Solicitor as litigation friend) of the determination of the service issue under PD9E from 4 July 2023, including the hearing.
  • The deputy shall bear his own costs of the determination of the PD9E issue from 4 July 2023, including the hearing.