Cowderoy v Cranfield

Cowderoy v Cranfield

The Claimant should pay the Defendant's costs on the standard basis from 29th January 2010, with enforcement restricted from 2nd February 2010 due to public funding, as it was no longer reasonable to pursue the challenges after evidence was provided.

Source-derived case information.

Parties
Claimant: Leigh Helen Cowderoy; Defendant: Lionel Steve Cranfield
Jurisdiction
England and Wales
Judgment Date
13 October 2011
Procedural Posture
Probate / Post Judgment Costs Determination
Outcome
Costs awarded to Defendant from 29th January 2010; enforcement restricted from 2nd February 2010; no order for costs before 29th January 2010.
Legal Topics
Costs, Testamentary Capacity, Knowledge and Approval, Undue Influence
Probate Civil Procedure Costs Testamentary Capacity Knowledge and Approval Undue Influence

Source-derived case record

Summary, issues, holding and outcome

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Parties

Leigh Helen Cowderoy

Claimant

Lionel Steve Cranfield

Defendant

Procedural Posture

Probate / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether the Claimant should pay the Defendant's costs and from which date
  2. 2 Whether costs should be restricted due to public funding
  3. 3 Whether the challenge to the will was reasonable

Ratio Decidendi

The Claimant should pay the Defendant's costs on the standard basis from 29th January 2010, with enforcement restricted from 2nd February 2010 due to public funding, as it was no longer reasonable to pursue the challenges after evidence was provided.

Court Disposition

Costs awarded to Defendant from 29th January 2010; enforcement restricted from 2nd February 2010; no order for costs before 29th January 2010.

Orders

  • Claimant to pay Defendant's costs on standard basis from 29th January 2010.
  • Costs from 2nd February 2010 not to be enforced without leave of court.