Perrins v Holland & Ors

Perrins v Holland & Ors

The appeal was dismissed because the costs order was justified: the offer made by the third respondent was reasonable, the appellant's refusal was unreasonable, and the circumstances did not warrant a different order as to costs. The appellant had no standing to challenge the order against his solicitors, and the estate's exhaustion justified the orders made.

Parties
Appellant: David Robert Perrins; 1st Respondent (executor): Richard Philip Holland; 2nd Respondent (executor): Sharon Ruth Moore; 3rd Respondent: Anne Dooney
Jurisdiction
England and Wales
Judgment Date
08 December 2010
Procedural Posture
Probate Appeal / Appeal From Chancery Division on Costs Order
Outcome
Appeal dismissed
Legal Topics
Costs, Grant of Probate in Solemn Form, Settlement Offers, Legal Services Commission Funding
Probate Civil Procedure Costs Grant of Probate in Solemn Form Settlement Offers Legal Services Commission Funding

Case Brief

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Parties

David Robert Perrins

Appellant

Richard Philip Holland

1st Respondent (executor)

Sharon Ruth Moore

2nd Respondent (executor)

Anne Dooney

3rd Respondent

Procedural Posture

Probate Appeal / Appeal From Chancery Division on Costs Order

Legal Issues

  1. 1 Whether the costs order made by Lewison J was correct, particularly as to the liability of the appellant for the third respondent's costs and the effect of a settlement offer
  2. 2 Whether the appellant should pay two sets of costs for an adjournment where respondents were separately represented

Ratio Decidendi

The appeal was dismissed because the costs order was justified: the offer made by the third respondent was reasonable, the appellant's refusal was unreasonable, and the circumstances did not warrant a different order as to costs. The appellant had no standing to challenge the order against his solicitors, and the estate's exhaustion justified the orders made.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed in full
  • Costs of the appeal to be paid as per Lewison J's order: executors and third respondent to recover costs assessed on the standard basis; executors may recover from estate on indemnity basis if not paid by appellant or Legal Services Commission