Culliford & Anor v Thorpe

Culliford & Anor v Thorpe

The court has jurisdiction to order a payment on account of costs after the main order has been sealed. There is no good reason not to make such an order in this case, as the claimants acted in their own interests and not as neutral personal representatives. The defendant is entitled to a payment on account of costs, and the sum of £30,000 is reasonable based on the approved costs budget.

Parties
Claimant: Stephen John Culliford; Claimant: Dawn Lane; Defendant: Jocelyn Thorpe
Jurisdiction
England and Wales
Judgment Date
02 October 2018
Procedural Posture
Civil / Post Judgment Application for Interim Payment on Account of Costs
Outcome
Application granted
Legal Topics
Interim Payment on Account of Costs, Personal Representatives' Liability for Costs, Proprietary Estoppel, Probate Rule on Costs
Civil Procedure Trusts and Estates Interim Payment on Account of Costs Personal Representatives' Liability for Costs Proprietary Estoppel Probate Rule on Costs

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Parties

Stephen John Culliford

Claimant

Dawn Lane

Claimant

Jocelyn Thorpe

Defendant

Procedural Posture

Civil / Post Judgment Application for Interim Payment on Account of Costs

Legal Issues

  1. 1 Whether the court has jurisdiction to order a payment on account of costs after the main costs order has been sealed
  2. 2 Whether there is good reason not to order a payment on account of costs under CPR r 44.2(8)
  3. 3 Whether the claimants' status as personal representatives affects their liability for an interim payment on account of costs

Ratio Decidendi

The court has jurisdiction to order a payment on account of costs after the main order has been sealed. There is no good reason not to make such an order in this case, as the claimants acted in their own interests and not as neutral personal representatives. The defendant is entitled to a payment on account of costs, and the sum of £30,000 is reasonable based on the approved costs budget.

Court Disposition

Application granted

Orders

  • Claimants to pay the defendant £30,000 on account of costs within 28 days
  • Claimants to pay the defendant's costs of the application, subject to detailed assessment if not agreed