Hunt v Hunt [2005] EWHC 3525 (Ch) (15 December 2005)

Hunt v Hunt [2005] EWHC 3525 (Ch) (15 December 2005)

Given the conduct of both parties, the late disclosure of a key document, and the reasonable basis for the claimant's initial concerns, it is not appropriate to order that the claimant pay the defendant's costs. Equally, the claimant is not entitled to recover his costs from the estate. Each party should bear their...

Source-derived case information.

Citation
[2005] EWHC 3525 (Ch)
Parties
Claimant: Michael Hunt; Defendant: David Hunt
Jurisdiction
England and Wales
Judgment Date
15 December 2005
Procedural Posture
Chancery Division Civil / Application for Permission to Discontinue Proceedings and Determination of Costs
Outcome
Claimant permitted to discontinue proceedings; no order as to costs between the parties; no costs to be borne by the estate.
Legal Topics
Costs on Discontinuance, Undue Influence, Unconscionable Bargain, Mental Capacity, Partnership Dissolution, Intestacy
Civil Procedure Equity Probate Costs on Discontinuance Undue Influence Unconscionable Bargain Mental Capacity Partnership Dissolution +1 more

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Summary, issues, holding and outcome

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Parties

Michael Hunt

Claimant

David Hunt

Defendant

Procedural Posture

Chancery Division Civil / Application for Permission to Discontinue Proceedings and Determination of Costs

Legal Issues

  1. 1 Whether the claimant should be permitted to discontinue proceedings without liability for the defendant's costs
  2. 2 Whether the claimant is entitled to recover his costs from the estate
  3. 3 Whether the partnership agreement and subsequent conveyance should be set aside for lack of capacity, undue influence, or unconscionable bargain

Ratio Decidendi

Given the conduct of both parties, the late disclosure of a key document, and the reasonable basis for the claimant's initial concerns, it is not appropriate to order that the claimant pay the defendant's costs. Equally, the claimant is not entitled to recover his costs from the estate. Each party should bear their own costs.

Court Disposition

Claimant permitted to discontinue proceedings; no order as to costs between the parties; no costs to be borne by the estate.

Orders

  • Claimant does not have to pay defendant's costs of the action.
  • Defendant does not have to pay claimant's costs of the action.