Hunt v Hunt

Hunt v Hunt

Given the conduct of both parties and the late disclosure of key documents, it would not be appropriate to order the claimant to pay the defendant's costs, nor to allow the claimant to recover his costs from the estate. Each party should bear their own costs.

Parties
Claimant: Michael Hunt; Defendant: David Hunt
Jurisdiction
England and Wales
Judgment Date
15 December 2005
Procedural Posture
Civil Probate/partnership Dispute / Judgment on Application to Discontinue Proceedings and for Costs
Outcome
Application to discontinue granted; no order as to costs between the parties; no costs to be paid out of the estate.
Legal Topics
Costs on Discontinuance, Undue Influence, Mental Capacity, Pre Action Disclosure, Intestacy, Unconscionable Bargain
Probate Partnership Law Civil Procedure Costs on Discontinuance Undue Influence Mental Capacity Pre Action Disclosure Intestacy +1 more

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Parties

Michael Hunt

Claimant

David Hunt

Defendant

Procedural Posture

Civil Probate/partnership Dispute / Judgment on Application to Discontinue Proceedings and for 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 and the late disclosure of key documents, it would not be appropriate to order the claimant to pay the defendant's costs, nor to allow the claimant to recover his costs from the estate. Each party should bear their own costs.

Court Disposition

Application to discontinue granted; no order as to costs between the parties; no costs to be paid out of the estate.

Orders

  • Claimant permitted to discontinue proceedings.
  • No order as to costs between claimant and defendant.