James v James & Ors

James v James & Ors

The defendants' offer was not a valid CPR Part 36 offer because it included a term as to costs inconsistent with the rule. The claimant reasonably pursued the will challenge, so each party should bear their own costs for that issue. The claimant must pay the defendants' costs of the proprietary estoppel claim on the standard basis.

Parties
Claimant: Raymond Allen James; Defendant: Karen James; Defendant: Serena Underwood; Defendant: Sandra James
Jurisdiction
England and Wales
Judgment Date
13 February 2018
Procedural Posture
Probate and Proprietary Estoppel Claim / Judgment on Costs After Trial
Outcome
Costs order on an issues basis: no order as to costs for the will challenge; claimant to pay defendants' costs of the proprietary estoppel claim on the standard basis, to be assessed if not agreed.
Legal Topics
Testamentary Capacity, Proprietary Estoppel, Costs, CPR Part 36 Offers
Probate Civil Procedure Equity Testamentary Capacity Proprietary Estoppel Costs CPR Part 36 Offers

Case Brief

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Parties

Raymond Allen James

Claimant

Karen James

Defendant

Serena Underwood

Defendant

Sandra James

Defendant

Procedural Posture

Probate and Proprietary Estoppel Claim / Judgment on Costs After Trial

Legal Issues

  1. 1 Whether the defendants' settlement offer qualified as a CPR Part 36 offer
  2. 2 Whether special probate costs rules applied to the will challenge
  3. 3 Who should bear the costs of the proprietary estoppel and will challenge claims

Ratio Decidendi

The defendants' offer was not a valid CPR Part 36 offer because it included a term as to costs inconsistent with the rule. The claimant reasonably pursued the will challenge, so each party should bear their own costs for that issue. The claimant must pay the defendants' costs of the proprietary estoppel claim on the standard basis.

Court Disposition

Costs order on an issues basis: no order as to costs for the will challenge; claimant to pay defendants' costs of the proprietary estoppel claim on the standard basis, to be assessed if not agreed.

Orders

  • No order as to costs for the will challenge (testamentary capacity issue).
  • Claimant to pay defendants' costs of the proprietary estoppel claim on the standard basis, to be assessed if not agreed.