Debra Ellen Packer v Lynn Ann Packer

Debra Ellen Packer v Lynn Ann Packer

The claimant is ordered to pay the defendant’s costs of and occasioned by the application to amend the Reply, as there is no good reason to depart from the general rule; costs already incurred in responding to the fraud allegation are not awarded at this stage and will be considered at the conclusion of the trial.

Parties
Claimant: Debra Ellen Packer; Defendant: Lynn Ann Packer
Jurisdiction
England and Wales
Judgment Date
14 January 2025
Procedural Posture
Probate / Pre Trial Review, Interlocutory Application for Amendment
Outcome
Application to amend Reply granted; claimant ordered to pay defendant’s costs of and occasioned by the application.
Legal Topics
Costs, Amendment of Pleadings, Fraud Allegations, Letters of Administration
Probate Civil Procedure Costs Amendment of Pleadings Fraud Allegations Letters of Administration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Debra Ellen Packer

Claimant

Lynn Ann Packer

Defendant

Procedural Posture

Probate / Pre Trial Review, Interlocutory Application for Amendment

Legal Issues

  1. 1 Whether the claimant should be permitted to amend her Reply to withdraw the allegation of fraudulent creation of wills
  2. 2 Who should bear the costs of the application to amend the Reply
  3. 3 Whether the defendant is entitled to a proportion of costs already incurred in responding to the fraud allegation

Ratio Decidendi

The claimant is ordered to pay the defendant’s costs of and occasioned by the application to amend the Reply, as there is no good reason to depart from the general rule; costs already incurred in responding to the fraud allegation are not awarded at this stage and will be considered at the conclusion of the trial.

Court Disposition

Application to amend Reply granted; claimant ordered to pay defendant’s costs of and occasioned by the application.

Orders

  • Claimant permitted to amend Reply to withdraw fraud allegation.
  • Claimant to pay defendant’s costs of and occasioned by the application on the standard basis.